THE DECISION OF THE CONSTITUTIONAL COURT ON THE ISTANBUL CANAL PROJECT

12 February 2020

The Constitutional Court (“the Court”) has decided that the phrase added in article 9 of the Law numbered 7146 that “The Istanbul Canal and such waterway projects” is not against the Constitution.

The members of Parliament brought the complaint to the Constitutional court, alleging that the Istanbul Canal Project will have negative effect on environment and natural life, the project does not carry public interest and is not compliance with the international obligations.

In the decision of the Court, it is stated that the procedures and methods of the investment and service mentioned under article 47 of the Constitution is determined by the laws and the Constitution does not impose any restrictions on this matter. The determining of methods of realisation of the build-operate- transfer projects is under the authorisation of the legislator.

In the examination of the claim that the Istanbul Canal has negative effect on the environment, the Court stated that the rule in dispute, has no phrase that avoids taking requisite measure protecting the nature during the project. It is therefore expressed that the rule in dispute has no characteristic of any matter against the Constitution.

In this context, the Court concluded that the determining method of the realisation of the projects is under the authorisation of legislator and the rule in dispute has no aim but public interest.

You can find the text of the decision (in Turkish) here.

Should you have any queries and/or remarks, please do not hesitate to contact us. 

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr