The Council of State has issued a stay of execution order regarding the lawsuit filed against the decision to downgrade the ‘Protected Area’ status of the Büyük Menderes Delta, located within the borders of Didim and Söke districts.
The ‘Great Menderes Delta Natural Site Area’, located within the borders of Didim and Söke, was previously classified as a First Degree Natural Site.
However, its protection status was altered by Presidential Decree No. 7463, published in the Official Gazette dated August 3, 2023, thus excluding it from the category of strictly protected sensitive areas.
The Council of State has delivered the final verdict in the case filed by the Union of Turkish Engineers and Architects Chambers (TMMOB), which has been ongoing for approximately three years, seeking a stay of execution and annulment of the decree.
After thoroughly reviewing expert reports, the Council of State concluded that “the Presidential Decree lacks legal validity and its implementation would lead to irreparable or impossible-to-remedy damages,” and therefore ordered a stay of execution.
In the petition filed by TMMOB, it was stated that the area in question is one of the rare wetlands of international importance surrounding Dilek Peninsula, one of Türkiye’s most important national parks.
The petition highlighted the region’s extraordinary richness in flora and fauna, noting that 33 of the 804 plant species it hosts are endemic, and 6 species live only within the park’s boundaries.
Due to these characteristics, the area was declared a ‘Flora Biogenetic Reserve Area’ by the Council of Europe. The petition also noted that 29 mammal species, 42 reptile species, and the rare Mediterranean monk seal inhabit the region’s shores.
The petition, which stated that the change in the area’s status would lead to irreparable ecological destruction, also included the following statements: “The delta section of the area is a coastal wetland with delta characteristics, encompassing lagoons and saline marshes and plains.”
The Council of State’s 4th Chamber, after reviewing and evaluating the expert report prepared as a result of the on-site inspection and expert examination conducted with the information and documents in the case file, reached a decision to suspend the execution of the decision, and the reasoned judgment also emphasized important findings.
The Council of State’s 4th Chamber, in its decision, assessed the Menderes Basin, located between Denizli and Aydın provinces, as a globally rare ecosystem due to its diverse ecological zones.