Necmettin Erbakan Üniversitesi Hukuk Fakültesi Dergisi

Öz

In order to file an annulment lawsuit against an administrative act, the plaintiff’s interest must be violated due to the action in question. The definition of violation of interest is not included in the legislation. The interest, the content of which is determined by doctrinal opinions and jurisprudence, must be “personal”, “current (actual)”, “legitimate” and “serious (reasonable)”. In each concrete annulment lawsuit, whether the violation of interest contains these features is examined ex officio by the administrative judicial bodies. Rejection of cases that do not meet the violation of interest condition, in terms of capacity, serves to realize the principle of administrative stability by preventing public services from being disrupted by the threat of lawsuits. In this respect, this limitation on subjective capacity to sue, stipulated by the Administrative Jurisdiction Procedures Law, stipulates that even if the administrative action is against the law, it can be sued not by everyone, but only by those whose interests are violated by that action. Violation of interest, expressed as subjective capacity to sue in administrative justice, is subject to a narrower interpretation in some cases and a broader interpretation in others. It is known that in annulment lawsuits concerning the environment, the violation of interest condition is interpreted broadly. Administrative judicial bodies make this interpretation condition is interpreted broadly. Administrative judicial bodies make this interpretation based on the will of the legislator, especially the Constitution and the Environmental Law. As a matter of fact, the right to live in a healthy and balanced environment is granted to everyone at the Constitutional level. In addition, protecting environmental health, improving the environment and preventing environmental pollution are constitutional duties imposed on citizens as well as the State. Similarly, one of the aims of the Environmental Law is to “ensure the protection of the environment, which is the common existence of all living things, in line with the principles of sustainable environment and sustainable development”. On the other hand, the Environmental Law stipulates that anyone who is aware of such a situation, except for those who are harmed by an activity that pollutes or degrades the environment, has the right to apply to the relevant authorities to ensure that the necessary precautions are taken or to request that the activity be stopped. In this article, it has been tried to reveal how the meaning and content of the concept of violation of interest has expanded, specifically in environmental cases, based on concrete events.