Cancellation of Some Provisions of the Law No. 7255 on Making Certain Regulations in the Field of Food, Agriculture and Forestry
A. Examination of the Parts Added to the First Sentence of the First Paragraph of Article 18 of Law No. 6831
The rule subject to the lawsuit stipulates that the General Directorate of Forestry may grant permits for up to twenty-nine years for the establishment of forest plant nurseries, mushroom and medicinal aromatic plant cultivation and processing facilities in forested areas. non-wood products produced as finished or semi-finished products from forest areas
Although the rule subject to the lawsuit allows certain activities to be carried out in damaged forest areas, there is no legal regulation on what should be understood from damaged forest areas. The conditions, basic principles and principles related to determining where the damaged forest areas are located in the regulation are not determined by law, and the authority to regulate this issue is used by the administration through the regulation.
Making legal arrangements for the identification of degraded forest areas is subject to Article 169 of the Constitution. it is in accordance with the provision “The State shall make the necessary laws and take the measures necessary for the protection of forests and the expansion of forest areas” contained in the first paragraph of the article. their areas are”. In this context, the criteria for the prevention of arbitrary intervention in forests should be clearly regulated in the law. The law allows the establishment of forest plant nurseries, mushroom and medicinal aromatic plant cultivation, facilities for the final or semi-processed processing of non-wood products produced in forest areas without defining the basic principles and legal framework mentioned above. The use of final products determined by administrative procedure in degraded forest areas is contrary to the above-mentioned provision of the Constitution.
But 169 of the Constitution. according to the article, it is essential that forests are managed as forests. On the other hand, allowing buildings and facilities related to public services, which are a priority in this context, to be located or built on state forests depends only on the existence and necessity of the public interest. Within this framework, it is necessary to determine the situations required by the public interest, taking into account whether there is a possibility that the activity for which permission is requested may be carried out outside the forest ecosystem.
On the contrary, the rule allows the establishment of a facility for processing non-wood products produced from forest areas as finished or semi-finished products, without any Decoupling between them and regardless of whether there is a possibility to carry out the activity. those who request permission outside the forest ecosystem. In this respect, it is not clear from the rule which public interest or obligation is involved in the establishment of the facilities stipulated by the rule.
For the reasons explained above, the Constitutional Court annulled the rule, ruling that it was unconstitutional.
B. The Fourth Paragraph Added to Article 2 / A of Law No. 4634 is: “…he can take copies, …” and “… he can benefit from all kinds of technological opportunities.” Examination of Statements
The rules subject to the lawsuit authorize the Ministry of Agriculture and Forestry (Ministry) to obtain copies of all kinds of books, documents and documents of people operating in the sugar sector for examination, research and audit, and to use all kinds of information. with technological means.
“…the phrase ”can take copies of …” stipulates that the Ministry can take copies of all kinds of books, documents and documents while performing its inspection, research and audit duties and have access to personal data-related information in this context. Within the scope of the law, it is not regulated how and for how long this information will be stored, whether interested parties have the opportunity to object to this information, whether the information will be deleted after a certain period of time, and what the procedure will be if it will be deleted. that this order should be followed, and what kind of supervision should be carried out to prevent abuse of authority.
On the other hand, “…it can benefit from all kinds of technological possibilities.” it is also understood from the expression. The Ministry may request and use all kinds of digital, audio and video technologies for monitoring and inspection activities. However, the Law does not explain how the installation operations will be performed and what the scope of digital, audio and video technologies will be.
Allowing the Ministry to receive, use, process and use personal data-related information and to benefit from all kinds of technological opportunities while performing its examination, research and audit duties is 13 of the Constitution. and 20. it is contrary to its articles. guarantees and basic principles without being determined by law.
For the reasons explained above, the Constitutional Court ruled that the rule was unconstitutional and should be annulled.
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