Criminal climate protection as a challenge from perspective of Türkiye

Efser, Erden Tütüncü (2025) Criminal climate protection as a challenge from perspective of Türkiye. EUROPEAN INTEGRATION STUDIES, 21 (1 spec). pp. 435-464. ISSN 1588-6735

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Abstract

The challenges of environmental protection and the climate crisis cannot be addressed by any single state in isolation; they require a collaborative approach at the international level. To effectively tackle these global issues, it is essential to harmonize national legislation and judicial practices with international standards and the domestic laws of other nations. In accordance with the principle of 'common but differentiated responsibilities and respective capabilities,' it is expected that the objectives and legal frameworks established by each nation will exhibit considerable divergence. Consequently, disparate legal systems adopt various approaches to environmental protection through criminal law. While most legal systems traditionally rely on administrative and civil law for environmental protection, there is a growing recognition of the role of criminal law as an instrument for safeguarding the environment. This shift presents several challenges at the national level regarding the application of criminal sanctions for environmental protection. In the case of Türkiye, which is not a member of the European Union (EU), a comprehensive review of relevant legislation is required. Given its climate zone and rich biodiversity, Türkiye is particularly vulnerable to the effects of the climate crisis and has a significant stake in addressing this global challenge. However, there are notable deficiencies in national legislation and implementation of environmental protection compared to the EU. The level of public interest in climate change and environmental issues in Türkiye is relatively low compared to that observed in EU societies. This study will initially examine the level of environmental awareness among the Turkish population. Subsequently, it will analyze Turkish environmental criminal law, focusing on how the environment is addressed within criminal law, the current state and deficiencies of Turkish environmental criminal legislation, and the challenges encountered in judicial practice. Ultimately, the study will offer recommendations to address these deficiencies and enhance Türkiye's contribution to the global climate effort.

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