Key facts of the case:
Results (sanctions) and key consequences of the case:
FOR THESE REASONS, THE COURT
PARTLY DISSENTING OPINION OF JUDGE PINTO DE ALBUQUERQUE
“the Convention is a living instrument which must be interpreted in the light of present-day conditions, and in accordance with developments in international law, so as to reflect the increasingly high standard being required in the area of the protection of human rights, thus necessitating greater firmness in assessing breaches of the fundamental values of democratic societies”
and having regard to the developments in labour law, both international and national, and to the pertinent practice of Contracting States, the Court concluded that the right to bargain collectively with the employer had, in principle, become one of the essential elements of the right to form and to join trade unions for the protection of the interests set forth in Article 11 of the Convention. For that purpose, it cited the relevant ILO conventions, which the respondent State had ratified, the corresponding interpretations of the ILO Committee of Experts, as well as Article 28 of the European Union’s Charter of Fundamental Rights, Article 6 § 2 of the European Social Charter, which Turkey had not ratified, the European Committee of Social Rights’ interpretation of this Article, and Principle 8 of Recommendation No. R (2000) 6 of the Council of Europe’s Committee of Ministers on the status of public officials in Europe.