The Journey of the `Law on Transformation of Areas at Disaster Risk` in Türkiye: A Critical Assessment

Authors : İsmail DEMİRDAĞ, Cihan ERÇETİN, Büşra DURMAZ

Pages : 406-425

Doi:10.31198/idealkent.1242717

View : 117 | Download : 70

Publication Date : 2023-08-11

Article Type : Other Papers

Abstract :It is widely accepted that Türkiye is at risk of natural disasters and that almost 50% of the building stock in Türkiye needs to be transformed. Therefore, there is an inevitable necessity for a countrywide urban transformation process planning, and Law No. 6306 ‘Law on the Transformation of Areas under Disaster Risk’ was enacted in 2012. The central government has suggested that the purpose of this Law is to transform the areas and structures under disaster risks into healthy, livable, and safe living environments and provide a significant public benefit to society. However, considering the provisions and the implementation processes of the Law, there are severe rights violations, procedural mistakes, and misapplications. Plenty of objections have been raised by opposition sides, and they brought the matter to the Constitutional Court, which has cancelled many problematic items in this Law. However, subsequently, the government modified many of the withdrawn articles and re-enacted them with Bag Law No. 6704 in 2016. Within this framework, this article will first summarize the main reasons behind the decision of the Court and then will discuss the old and new versions of Articles Law No. 6306 in terms of legality and legitimacy.
Keywords : 6306 sayılı kanun, kentsel dönüşüm, anayasa mahkemesi, yasallık, meşruiyet