TTB and the Istanbul Chamber of Physicians carried the EIA positive decision on Kanal Istanbul to the judiciary. Discussing the application made on the grounds that the right to live in a healthy environment has been violated, the Istanbul 9th Administrative Court claimed that Kanal Istanbul and the professional associations in question 'do not have a bond of interest'. The Administrative Court rejected the case 'in terms of driving license' by majority of votes, the president of the court decided to annotate
The Turkish Medical Association (TTB) Central Council Presidency and the Istanbul Medical Chamber applied to the judiciary to stop the execution of the 'EIA Positive' decision on the Kanal Istanbul project, which is planned to be made by the Ministry of Transport, Infrastructure Investments General Directorate.
On behalf of the Presidency of the TTB Central Council and the Istanbul Chamber of Medicine, lawyer Ziynet Özçelik emphasized that the decision in question meant a violation of the right to live in a healthy environment and brought the matter to the administrative court. Hunting. Özçelik also demanded that a decision to be canceled as a result of the trial be submitted to the administrative court.
Discussing the application, the Istanbul 9th Administrative Court claimed that there was no interest in the case opened by the TTB and the Medical Chamber for violating the right to live in a healthy environment. For this reason, the Istanbul 9th Administrative Court dismissed the case in terms of 'driver's license'.
In the decision dated 27 February, the following statements were used by majority of votes: “When the competency status of the cases is examined, the EIA is requested to be canceled whereas the plaintiffs are 'a professional institution as a public institution, their aim is' to protect occupational deontology and solidarity among the physicians and to protect the flow and benefits of the members of the profession'. environment, urbanization, urbanization, investment, the operation of which is required to be canceled due to the fact that the process is an environmental project and practice, environmental practices and projects do not fall directly in the field of duties, activities, interests and work of the plaintiff professional organizations, and there are other professional organizations, associations and legal entities dealing with these issues. , the main institution of interest in the plaintiff professional organization and the main activities are not these issues, the professional institutions that are public institutions are the only institutions that are not responsible for such transactions. As it appears that there may be a license to sue for the purposes shown in their present days, and indeed the legal arrangements related to the subject are clearly involved in the fact that these organizations cannot operate outside their purposes; It is concluded that there is no personal and legitimate interest link between the plaintiff professional organizations and the process that is requested to be canceled, and that the plaintiffs are incompetent in this sense. ”
VOTE FROM THE PRESIDENT
The head of the court voted against the decision. Drawing attention to the fact that TTB and the Chamber of Medicine have the right to sue, the President stated the following in his annotation regarding the counterattack: “The plaintiff professional organizations have legal benefits and competences in the matter of establishment and activity issues, and the right to sue this law I do not agree with the majority opinion which is manifested in the opposite direction, as I believe that the file cannot be prevented by narrow interpretation, and the decision must be made by making the file essential.
Source: Uğur Şahin / Birgün