KAYMAK AND OTHERS v. TURKIYE - 62239/12 (Judgment : Freedom of association : Disproportionate disciplinary sanctions of "non-punitive warning" : Preliminary objection joined to merits and dismissed : Second Section) French Text [2023] ECHR 506 (20 June 2023)

KAYMAK AND OTHERS v. TURKIYE - 62239/12 (Judgment : Freedom of association : Disproportionate disciplinary sanctions of "non-punitive warning" : Preliminary objection joined to merits and dismissed : Second Section) French Text [2023] ECHR 506 (20 June 2023)

The Court found that the 'non-punitive warning' constituted an interference with the applicants' freedom of association under Article 11, lacked a clear legal basis, and was not shown to be necessary in a democratic society. The sanction had a chilling effect on union activity and was not subject to adequate...

Source-derived case information.

Citation
[2023] ECHR 506
Parties
Applicant: Muammer Kaymak; Applicant: Mete Kaan Kaynar; Applicant: Cihan Turan; Applicant: Göksu Uğurlu; Respondent: Republic of Türkiye
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Violation of Article 11 found; partial satisfaction awarded; application partly struck out regarding one applicant.
Legal Topics
Freedom of Association, Freedom of Assembly, Trade Union Rights, Disciplinary Sanctions, Proportionality, Access to Court
Human Rights Law Labour Law Administrative Law Freedom of Association Freedom of Assembly Trade Union Rights Disciplinary Sanctions Proportionality +1 more

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Parties

Muammer Kaymak

Applicant

Mete Kaan Kaynar

Applicant

Cihan Turan

Applicant

Göksu Uğurlu

Applicant

Republic of Türkiye

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

  1. 1 Whether the disciplinary sanction of 'non-punitive warning' imposed on public officials for union activity violated Article 11 (freedom of association) of the European Convention on Human Rights
  2. 2 Whether the applicants had an effective remedy under Article 13 of the Convention

Ratio Decidendi

The Court found that the 'non-punitive warning' constituted an interference with the applicants' freedom of association under Article 11, lacked a clear legal basis, and was not shown to be necessary in a democratic society. The sanction had a chilling effect on union activity and was not subject to adequate judicial review by domestic courts. Therefore, there was a violation of Article 11.

Court Disposition

Violation of Article 11 found; partial satisfaction awarded; application partly struck out regarding one applicant.

Orders

  • Application struck out as regards Göksu Uğurlu.
  • Exception on victim status joined to merits and rejected.