As New Class of Administrative Cases: Climate Change and the Issue of Legal Standing

Authors : Züleyha Keskin

Pages : 463-480

View : 73 | Download : 91

Publication Date : 2024-08-30

Article Type : Research Paper

Abstract :Coupled with the growing number of climate-related lawsuits worldwide and Turkiye\'s recent becoming a party to the Paris Climate Agreement, it is evident that the country will inevitably be confronted with an increased number of such cases in the years ahead. Considering that a significant proportion of climate-related cases arise from administrative authorities\' failure to undertake the necessary regulatory and individual measures, it is reasonable to anticipate that the majority of these cases will be filed as annulment actions within the administrative court system. Administrative courts will face a host of challenges when reviewing these cases, encompassing both preliminary review requirements and substantive matters. One of the primary concerns during the preliminary review phase pertains to the legal standing of the applicants. Globally, these cases are often filed by younger generations and potential victims due to potential – uncertain harms that may occur in the future, regardless of the applicant\'s connection to the location. Acknowledging the relationship between the administrative action causing the violation and the interests of the plaintiffs is difficult, considering administrative case law. In Türkiye, it is not yet clear whether the necessary requirement of an interest violation for the acceptance of a climate case will be met. This study aims to examine the opportunities to address the issue of standing to sue, specifically violation interest in annulment actions related to climate change together with human rights issues. Therefore, claims that climate change litigation should make administrative justice more accessible to public interest cases and intergenerational justice will be discussed, considering the case law of administrative courts in environmental cases and the approaches of some national courts in climate cases.
Keywords : idari yargı, dava ehliyet, menfaat ihlali, iklim değişikliği, yasal kişisel güncel menfaat