The Bern Convention on the Conservation of European Wildlife and Natural Habitats was adopted under the auspices of the Council of Europe in 1979 and represents one of the most significant international legal instruments for the protection of biodiversity and natural habitats in Europe. Turkey became a party to the Convention in 1984 and thereby undertook international obligations to protect wildlife, plant species and ecological systems within its territory. Through this Convention, environmental protection has been elevated from a purely domestic policy issue to a matter of international legal responsibility.

The Council of Europe approaches environmental protection as an integral component of human rights. Environmental degradation is not regarded merely as an ecological concern, but as a phenomenon that directly affects human dignity, health and quality of life. In this context, the Bern Convention reflects the Council of Europe’s broader understanding that the protection of nature is inseparable from the protection of fundamental rights. The Convention therefore creates not only state obligations but also a mechanism through which individuals and civil society may bring environmental violations to international attention.

Applications under the Bern Convention do not constitute judicial proceedings in the classical sense. They operate through a monitoring and complaint mechanism administered by the Standing Committee of the Convention within the institutional structure of the Council of Europe. When a complaint is submitted, the Standing Committee examines the alleged violation and may request information and explanations from the state concerned. Scientific assessments, expert opinions and supporting documentation are often taken into account. Where necessary, the Committee may adopt recommendations and open a follow-up file in order to monitor compliance with the Convention’s standards.

Although the decisions of the Standing Committee are not legally binding in the same manner as court judgments, they generate significant political and legal pressure on states. They also contribute to international visibility and public scrutiny of environmental policies and development projects that threaten protected species or habitats. In practice, this mechanism has played an important role in influencing national decision-making processes in many member states.

The right to submit a complaint under the Bern Convention is interpreted broadly. Individuals, environmental organizations, academic institutions and local communities may all bring matters before the Standing Committee. There is no requirement of nationality or direct personal damage. Environmental protection is understood as a collective interest, and any person or group may act to defend it where a breach of the Convention is alleged. This inclusive approach strengthens participatory environmental governance and reinforces the democratic dimension of environmental law.

Typical complaints concern the destruction of habitats of protected species, construction projects in sensitive natural areas, degradation of wetlands and forests, or large-scale infrastructure and mining activities that threaten ecological balance. Such projects may be examined in light of the Convention’s appendices, which list protected species and habitats and impose strict conservation obligations on states.

From the perspective of Turkey, the Bern Convention has a dual importance. First, it establishes international responsibilities that bind Turkish authorities in the planning and execution of environmental policies. Secondly, under Article 90 of the Turkish Constitution, international treaties duly ratified form part of domestic law. Accordingly, the provisions of the Bern Convention may be relied upon as interpretative standards in national administrative and judicial proceedings concerning environmental protection.

Environmental issues raised under the Bern Convention also intersect with the European Convention on Human Rights. The case-law of the European Court of Human Rights recognizes that serious environmental harm may interfere with the right to respect for private and family life, the right to life, and the peaceful enjoyment of possessions. Consequently, applications under the Bern Convention and proceedings before the European Court of Human Rights function as complementary mechanisms within the Council of Europe system, reinforcing each other in the protection of environmental and human rights.

In conclusion, the Bern Convention represents a concrete expression of the Council of Europe’s vision of environmental protection as a matter of human rights and collective responsibility. By allowing individuals and civil society to raise environmental concerns at the international level, it strengthens transparency and accountability in environmental governance. Although the mechanism does not produce binding judicial rulings, it serves as an effective instrument of international oversight and moral authority. The protection of nature is thereby affirmed not only as an ecological necessity but also as a legal and ethical duty owed to present and future generations.