CLIENT ALERT

March 2017

   

 

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Av. Dr. Çağdaş Evrim Ergün
Partner, Ankara
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Associate, Ankara
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Recent Court Decision on Environmental Impact Assessment Requirement for PPP Projects

The Supreme Administrative Court (Danıştay) has dissolved the injunction relief decision regarding the Environmental Impact Assessment (EIA) requirement for hospital PPP projects.

Background

The 14th Chamber of Danıştay had rendered, by its decision No. 2015/592E. dated 2 February 2016, an injunction relief decision suspending the implementation of certain provisions of the EIA Regulation, including the provisions exempting the hospital PPP projects from the scope of the EIA requirement. The Ministry of Environment had objected to such injunction relief decision before a higher organ of Danıştay, namely the Assembly of the Administrative Litigation Chambers.

Recent Decision

The Assembly has recently reversed the decision of the 14th Chamber and dissolved the injunction relief decision, which means that the provisions of the EIA Regulation exempting the hospital PPP projects from the scope of the EIA requirement are no longer suspended. Thus, the decision confirms the exemption of the hospital PPP projects from the scope of the EIA requirement.

The reasoning of the Ministry of Environment in exempting the hospital PPP projects from the EIA requirement was to align Turkish law with the relevant European Union legislation. The 14th Chamber of Danıştay, however, had not found such reasoning sufficient to justify the public benefit and had suspended the implementation of the exemption. The Assembly, with its recent decision, reversed such decision of the 14th Chamber in line with the reasoning of the Ministry of Environment.

Although it is an interim decision only, it may be considered as an important indication regarding the potential final decision, as it is given by the highest organ of Danıştay on this matter.

 

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