Right of environmental litigation in decisions of administrative jurisdiction

The State issuing permits and licenses and having inspection and control duties in the public administration has a major role in the protection of environment. However, since environmental issues at the same time are the subjects of economic policies, surrendering this subject matter to the state alone does not bear successful and efficient outcomes. Thus, participation of individuals, civil society organizations, voluntary environment platforms, and professional organizations to environmental protection will bring optimization to the initiatives. Additionally, civil society organizations and professional bodies with organizational structures, expertise, and economic potential pursue the legal proceedings of environmental litigations acutely. It is also important that the right to environmental protection, which is accepted by the legal system, can be demanded from the judiciary as well as the recognition of the right to practice. Within this framework, the transfer of the transactions and decisions that give permits and license to the projects and activities that are likely to create an environmental impact to the judiciary will create an effective and efficient result in the field of environmental protection. However, access to the judiciary is possible by the means of law to protect the right to environment. In the field of access to the judiciary, we are facing the issue of locus standi and cost of litigation. As the notion of locus standi, which is an important concept in accessing the judiciary, requires a violation of rights in private law cases, in the revocatory actions in administrative jurisdiction, it is accommodated by the concept of an impairment of interest. With the regulation in the Constitution and the Environmental Law, 'everyone' is considered as the subject of the right to environment. However, in judicial appeals based on the right to environment, the judiciary's interpretation of locus standi and of the concept of an impairment of interest in is an important issue affecting the access to the judiciary for everyone in the process of judicialization of the right to environment. Social environmental awareness, perception of environmental assets, distance of the judiciary to the field of administration, accumulation of human rights and freedoms affect judicial decisions and often cause decisions that narrow the regulation in the legal system and make the access to the judiciary difficult in the context of the right to environment. In the judicial decisions included in the study, it is seen that locus standi is interpreted very narrowly and the right recognized to everyone in the legal system is attributed to geographical concepts such as residence and property conditions and to the people living in a small area. In addition, the assessment of the scope of the right has been made only from a human-centered point of view, and a comprehensive and profound assessment of the rights of the other living beings in the nature or the environmental rights of future generations have not been found. Along with the literature review conducted in the study, judicial decisions have been significantly utilized. Key Words: Right to the environment, judicial protection, access to the judiciary, locus standi, impairment of interest, costs of trial.