Signaalwoorden - [] The Case of Demir and Baykara v. Turkey
3 important questions on Signaalwoorden - [] The Case of Demir and Baykara v. Turkey
What was the case of Demir and Baykara v Turkey about?
The case of Demir and Baykara v Turkey was about a Turkish civil servants' trade union suing the local administration for its failure to comply with the terms of a collective agreement concluded with the union.
Why did the Turkish Court of Cassation refuse to give effect to the provisions of the collective agreement?
The Turkish Court of Cassation not only refused to give effect to the provisions of the collective agreement in favor of the trade union members but also concluded that the union itself had not acquired legal personality at the time of its establishment.
What was the argument made by Turkey in response to the union's application to the European Court of Human Rights?
Turkey argued that Article 11 of the European Convention on Human Rights could not be invoked by the applicants as they were civil servants and not ordinary contractual employees. Turkey also noted that in the past, Article 11 had been interpreted restrictively, not including a right to collective bargaining.
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