Taşınmaz Kültür ve Tabiat Varlıklarının Korunmasında Düzenleyici İdari İşlemler Yoluyla Koruma Kullanma Dengesinin Tesisi

The balance between protection and use is one of the fundamental concepts in the protection regime for cultural and natural assets. According to this concept, these assets must be protected while maintaining their presence in daily life, and this approach should not compromise either protection or use. These two values, which must be maintained, represent different dimensions of public interest. In addressing these dimensions in a balanced manner, the regulatory administrative acts established by the administrations responsible for the protection of cultural and natural assets play an important role. However, there is a need to clarify this concept, both for these administrations and for the judicial authorities tasked with reviewing the legality of these acts. The principle of proportionality, a core tenet of the rule of law, is a useful tool for clarifying this concept. Moreover, for the balance between protection and use to be effective, it must serve as a limitation on the discretionary power of the administration in regulatory processes related to the protection of immovable cultural and natural assets, as well as a tool for interpreting and limiting vague legal concepts. This study aims to evaluate, in light of judicial decisions, the role of the principle of proportionality, the discretionary power of the administration, and the interpretation and limitation of vague legal concepts within this discretionary power, in establishing the balance between protection and use.