Demir and Baykara v Turkey - 34503/97 [2011] ECHR 2391 (13 December 2011)

Demir and Baykara v Turkey - 34503/97 [2011] ECHR 2391 (13 December 2011)

The interference with the applicants’ right to form a trade union and to bargain collectively, including the annulment of the collective agreement, was not necessary in a democratic society and constituted a double violation of Article 11 of the Convention.

Citation
[2011] ECHR 2391
Parties
Applicants: Demir and Baykara; Respondent: Turkey
Jurisdiction
European Union
Judgment Date
13 December 2011
Procedural Posture
Application to the European Court of Human Rights / Execution of Judgment; Supervision by Committee of Ministers
Outcome
Case closed; execution of judgment completed.
Legal Topics
Freedom of Association, Right to Form Trade Unions, Collective Bargaining, Civil Servants' Rights
Human Rights Law Labour Law Constitutional Law Freedom of Association Right to Form Trade Unions Collective Bargaining Civil Servants' Rights

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Parties

Demir and Baykara

Applicants

Turkey

Respondent

Procedural Posture

Application to the European Court of Human Rights / Execution of Judgment; Supervision by Committee of Ministers

Legal Issues

  1. 1 Whether the annulment of a collective agreement and interference with the right to form a trade union violated Article 11 of the European Convention on Human Rights

Ratio Decidendi

The interference with the applicants’ right to form a trade union and to bargain collectively, including the annulment of the collective agreement, was not necessary in a democratic society and constituted a double violation of Article 11 of the Convention.

Court Disposition

Case closed; execution of judgment completed.

Orders

  • Payment of just satisfaction to applicants.
  • No further individual measures required as legislative changes have removed restrictions on forming trade unions and collective bargaining for civil servants.