New rules for the treatment of urban wastewater in European Union law

The water problem, which is a global crisis, has been an important issue in international law legislation and practice. It has been addressed in various aspects since the late 1970s. Various problems have been encountered such as scarcity of water, gradual depletion of existing usable water resources, drought due to climate change and disruption of the water balance by excessive rainfall. Factors such as population growth and overconsumption are also effective in water scarcity. Access to water, in conjunction with the right to life, has started to be characterized and regulated as a human right. The understanding of water as a human right has underlined issues such as drinking water, the right to access water, and the need for clean water with its conceptual content. Access to clean and healthy water is still not fully ensured in many parts of the world. The quality and cleanliness of water is for the benefit of the environment and people. It is indispensable not only in terms of the right to life, but also in terms of providing people with an environment in which they can realize all their possibilities. Water is needed in many different sectors such as agriculture, industry, health, chemistry and industry. Water resources are confronted with the waste generated as a result of actions in these sectors. Actions that render existing freshwater unusable are part of this crisis. Factors that impair the quality of water need to be eliminated in a way that protects the ecosystem and water balance. Pollution, in this context, reflects one aspect of the global water crisis. Wastewater discharges directly into the urban stream without being separated and subjected to detailed inspection and monitoring lead to a decrease in the quality levels of clean water resources. The understanding of water as a human right does not mean that the used and wasted water can be discharged as desired. Otherwise, the right of access to clean water, which is characterized as a human right, will contain contradictions within itself. The characterization of the right to access to water and the right to clean water as a human right alone may not always be sufficient. However, in the historical process, it has led to steps leading to a solution. In order to protect the quantity and quality of water at the same time, a holistic solution method that protects both the environment and people is necessary. The continuity of the water ecosystem and the security of its habitat can be ensured in this way. In the early stages of the study, the aim was to examine the process of regulating wastewater, taking into account human rights and the water ecosystem. Initially, it was based solely on the 1991 Urban Waste Water Treatment Directive, which remains in force. After more than 20 years of implementation, the main focus was on the extent to which the Directive was able to respond to the health and environmental changes that occurred in the 2020s. The conclusion was that a more holistic approach and ecosystem-based measures should be increased and enforceability should be ensured through sanctions and inspections. The scope of the study; With the EU Commission's proposal for the revision of the Urban Waste Water Treatment Directive dated 26.10.2022, thesis' name was changed and the content was expanded as the new rules of waste water treatment. In the revision proposal, the shortcomings of urban wastewater treatment, which is also the subject of this thesis, are emphasized. In particular, it was criticized for its compatibility with existing international texts and its ability to be a solution to current problems. The need for renewal has been emphasized as a result of the COVID-19 outbreak, which is described as a global epidemic, pandemic by the World Health Organization (WHO). On this occasion, as a result of the revision process that developed in parallel with the study, it was aimed to examine the directive comparatively both in its old and new form. While explaining the 1991 Urban Waste Water Treatment Directive, it is also aimed to mention other environmental regulations of EU law. EU environmental regulations, especially the new holistic approach introduced by the Water Framework Directive of 2000 and the principles of EU environmental law are emphasized and it is aimed to establish a basic framework. Explanations are provided not only through EU legislation but also through other international law sources. The renewal proposal of the Directive emphasizes cross-border cooperation and states that existing international environmental regulations should not be prejudiced. Although the main issue is within the scope of the EU, in terms of the integrity of international law, it is detailed with both OECD reports and the UN Environment Program. The 2022 revision proposal, the opinion of the Economic and Social Committee, the opinion of the Committee of the Regions and the legislative resolution of the European Parliament dated 10.04.2024, which took its final legal form, were examined. The innovations introduced, the principles adopted and the more detailed treatment methods are explained with justifications.