The responsibility of administration due to environmental harm

In the context of the principles and rules of liability law, environmental protection has been one of the main legal remedies for environmental protection, despite its relatively new history. The state's signature in many of the activities that pollute the environment, makes it worth examining the issue, especially in the context of the legal liability of the administration. Besides, the responsibility for environmental damages differs from the general subjects examined in terms of financial responsibility of the administration in many aspects. First of all, the uncertainty that is at the core of the concept of environment draws attention as an extremely diffucult problem in terms of understanding the issue with law. In this context, by making a conceptual synthesis in the first part of the study, it has been tried to reveal what should be understood from the concept of environment in administrative law, especially about the responsibility of the administration. At this point, the concepts of environmental and environmental damage are tried to be interpreted in line with the national and international norms and decisions of the judicial authorities. In the administrative law doctrine, instead of the deductive method generally adopted, the induction method was preferred in consideration of the fact that the subject was not handled as a whole in the few studies conducted on the responsibility for environmental damages. In this context, in the second part of the study, by making the distinction between Environment Law No. 2872 and other legislations related to the environment, it has been tried to create a whole from the parts that constitute the subject of responsibility. In addition, in the second part of the study, it is tried to complete the table that reveals the responsibility of the administration arising from environmental damage by examining the special responsibility situations such as the implementation of international agreements and legislative activity. In the last part of the study, the conditions of the responsibility of the administration are emphasized in the context of the problems arising from the peculiar nature of environmental damages. In this context, we tried to answer questions such as how ecological damages can be compensated or how causality problems observed regarding environmental damages can be resolved. On the other hand, in this section, the concept of environmental damage has been evaluated in the context of traditional separation regarding the activities of the administration, in the context of public service and law enforcement activities. Finally, in this section, a new interpretation is tried to be made on the debates on which jurisdiction the environmental damages caused by the administration should be addressed in public and private law circles for many years.