A. 18 Of the Law No. 6831. Examination of the Sections Added to the First Sentence of the First Paragraph of the Article
According to the rule subject to the lawsuit, the establishment of forest plant nurseries in damaged forest areas, mushroom and medicinal aromatic plant cultivation, the establishment of facilities for processing non-wood products produced from forest areas as finished or semi-finished products may be allowed for up to twenty-nine years, at a cost of the General Directorate of Forestry.
Although some activities are allowed to be carried out in damaged forest areas with the rule subject to the lawsuit, there are no legal regulations regarding what should be understood from damaged forest areas. The conditions, basic principles and principles for determining where the damaged forest areas contained in the rule are are not determined by law, and the regulatory authority in this regard has been used by the administration through the regulation.
Making a legal regulation for the determination of degraded forest areas is 169 of the Constitution. as stated in the first paragraph of the article “The State shall enact the necessary laws and take the measures for the protection of forests and the expansion of their areas.” it is a requirement of the form of judgment. In this context, the criteria that will prevent arbitrary intervention in forests should be clearly set out by law. The provision of the opportunity to establish forest plant nurseries in damaged forest areas, mushroom and medicinal aromatic plant cultivation, establishment of facilities for processing non-wood products produced in forest areas as finished or semi-finished products without determining the basic principles and legal framework in question in the Law constitutes a violation of the aforementioned provision of the Constitution.
However, 169 of the Constitution. according to the article, it is essential that forests are operated as forests. On the other hand, allowing buildings and facilities related to public services, which have priority in this context, to be operated in a different way, at least partially, to be located or built on state forests depends only on the existence of a state of public interest and necessity. Within this framework, the cases necessitated by the public interest should be determined by taking into account whether the activity for which permission is requested has the possibility to be carried out outside the forest ecosystem.
On the other hand, according to the rule, it is allowed to establish a facility for processing finished or semi-finished products without any distinction between non-wood products produced from forest areas and regardless of whether the activity requested permission can be performed outside the forest ecosystem or not, it is allowed to establish a facility for processing finished or semi-finished products Decently. In this respect, it cannot be understood from the rule which public benefit or obligation the establishment of the facilities stipulated by the rule involves.
The Constitutional Court has decided that the rule is contrary to the Constitution and its cancellation on the grounds explained.
B. In the Fourth Paragraph added to Article 2 / A of Law No. 4634, “…he can take copies of them, …” and “…he can benefit from all kinds of technological opportunities.” Examination of Phrases
With the rules subject to the lawsuit, the Ministry of Agriculture and Forestry (Ministry) has been granted the authority to obtain copies of all kinds of books, documents and documents to be examined, researched and audited on people operating in the sugar sector and to use all kinds of technological opportunities.
The subject of the case can take copies of … …” with the phrase “The Ministry can take copies of all kinds of books, documents and documents while performing the task of examination, research and audit, and in this context, it is stipulated to access information in the nature of personal data, how and for how long this information will be stored in the Law, whether interested parties have the opportunity to object to this information, whether the information will be deleted after a while, if it will be deleted, what is the procedure to be followed at this time, no regulations have been made on how to conduct an audit aimed at preventing abuse of authority.
On the other hand, the subject of the case “…can benefit from all kinds of technological opportunities.” it is also understood from the phrase that the Ministry may request the establishment of all kinds of digital, audio and video technologies for monitoring and supervision activities and may benefit from them. However, it is not explained in the Law how the establishment operations will be carried out, what the scope of digital, audio and video technologies will be.
Allowing the Ministry to receive, use and benefit from personal data-related information while performing its examination, research and audit duties, without determining the guarantees and basic principles for obtaining, using, processing, benefiting from all kinds of technological opportunities, without being determined by law, 13 of the Constitution. and 20. it is incompatible with their substances.
The Constitutional Court has decided that the rule is contrary to the Constitution and its cancellation on the grounds explained.
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