TÜRKIYE Trends and Developments Contributed by: Faruk Aktay, Can Eken and Ayşe Müge Aktay, Aktay Law Firm
Environmental Litigation With the rise in awareness of environmental issues, litigation with regards to environmental protection and sustainability is growing in Tür- kiye. In 2024, stakeholders have been more and more proactive in pursuing remedies through litigation against violations of laws related to environmental protection. Rules about the environment The state has promulgated countless environ- mental regulations on pollution, waste manage- ment, and the conservation of natural resources. This type of litigation will continue to grow as environmentalists and organisations ensure that corporations are held liable for practices that do more harm than good. Legal frameworks are constantly evolving to align more and more with international standards on the environment, fur - ther complicating the responsibilities of corpo- rations. Climate change litigation There are increasing numbers of litigants coming before the courts with increasing calls for greater regulation and accountability from both the gov- ernment and private parties with regard to cli- mate change. This is part of a wider, global trend toward the recognition of environmental rights and legal obligations on states to protect their citizens against the effects of climate change. It also means that lawyers are increasingly busy crafting novel legal arguments that link climate action to the protection of human rights. Public Interest Litigation Public interest litigation is gaining momentum in Türkiye, reflecting the growing awareness of social justice. In 2024, cases regarding consum- er rights, environmental protection, and human
rights have increasingly been brought before the courts. Consumer rights Consumer rights are also being asserted more aggressively by litigants who file more cases on unfair trade practices, product liability, and consumer protection laws. Advocacy groups are filing litigation on behalf of vulnerable popula- tions as a way to raise awareness and promote accountability. The consumer rights environment is further com- plicated by digital commerce as litigants seek redress for issues emanating from online trans- actions. Social justice Public interest litigation means, among other things, tackling some of the hottest social jus- tice issues, such as discrimination, access to healthcare, and housing rights. In that regard, public participation by citizens and civil society organisations through the courts in challenging injustices and advancing changes that impact the daily lives of the underprivileged is becoming increasingly common. It would appear from these cases that a new trend within legal culture in public participation has emerged as citizens increasingly believe that they have, or can take, their rightful place in accessing justice. Global Trends Global trends, such as the rise of corporate social responsibility (CSR) and the considera- tion of environmental, social, and governance (ESG) criteria, have no doubt influenced Tür- kiye’s litigation landscape. Companies in Tür- kiye, especially those trading internationally, are increasingly called upon to give an account
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