Demir And Baykara V Turkey
''Demir and Baykara v Turkey'' 008ECHR 1345is a landmark European Court of Human Rights case concerning Article 11 ECHR and the right to engage in collective bargaining. It affirmed the fundamental right of workers to engage in collective bargaining and take collective action to achieve that end. Facts Mr Vemal Demir was a member, and Mrs Vicdan Baykara was the president, of the Turkish trade union for civil servants, Tüm Bel Sen. The union signed a two-year collective agreement in 1993, but the employer, the Gaziantep Municipal Council did not comply with its provisions. Demir and Baykara brought proceedings in the District Court, and won their claim. However, on appeal the Court of Cassation quashed the decision. This Court held there was a right to join a union, but the union itself had "no authority to enter into collective agreements as the law stood". The matter was then remitted to the District Court, which in defiance restated its view that Demir and Baykara did have a ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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European Court Of Human Rights
The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the convention or its optional protocols to which a member state is a party. The court is based in Strasbourg, France. The court was established in 1959 and decided its first case in 1960 in ''Lawless v. Ireland''. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its member states of the Council of Europe, 46 member states are contracting parties to the convention. The court's primary means of judicial interpretation is the living instrument doctrine, ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Closed-shop Agreement
A pre-entry closed shop (or simply closed shop) is a form of union security agreement under which the employer agrees to hire union members only, and employees must remain members of the union at all times to remain employed. This is different from a post-entry closed shop (US: union shop), which is an agreement requiring all employees to join the union if they are not already members. In a union shop, the union must accept as a member any person hired by the employer.Pynes, Joan. ''Human Resources Management for Public and Nonprofit Organizations.'' 2d ed. Hoboken, N.J.: John Wiley and Sons, 2004. By comparison, an open shop does not require union membership of potential and current employees. International Labour Organization covenants do not address the legality of closed shop provisions, leaving the question up to each individual nation. The legal status of closed shop agreements varies widely from country to country, ranging from bans on the agreement, to extensive regulatio ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Industrial Law Journal
The ''Industrial Law Journal'' is a legal journal which publishes articles in the field of labour and employment law, published quarterly by the Industrial Law Society in the United Kingdom, and founded in 1971. The journal publishes articles on topics relating to employment law in the European Community and Commonwealth of Nations The Commonwealth of Nations, often referred to as the British Commonwealth or simply the Commonwealth, is an International organization, international association of member states of the Commonwealth of Nations, 56 member states, the vast majo ..., although its coverage is not exclusive to these jurisdictions. The journal has carried articles on transnational labour law, legal issues concerning immigrant domestic workers, freedom of speech in the workplace, globalization, work–life balance, and more. The journal also features reviews of new government documents relevant to employment law, and book reviews. The journal targets an audience o ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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KD Ewing
Keith David Ewing (born 29 March 1955) is professor of public law at King's College London and recognised as a leading scholar in public law, constitutional law, law of democracy, labour law and human rights. Ewing has been described as "one of the leading lights of English public law" and "one of the world's leading scholars of the constitution of social democracy". He is co-author of two standard textbooks in constitutional and administrative law, and labour law. Biography Ewing studied law at Edinburgh University, graduating in 1976, then moved to Trinity Hall, Cambridge, for his PhD. He then went back to Edinburgh to begin his teaching career (1978–83), before returning to Cambridge (1983–9). In 1989, Ewing became Professor of Public Law at The Dickson Poon School of Law at King's College London. He has also taught at universities in Australia and Canada. Work Ewing is the author, co-author or editor of dozens of books and journal articles. His work recognises the signi ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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The Rosella
''International Transport Workers' Federation v Viking Line ABP'' (2007C-438/05is an EU law case of the European Court of Justice, in which it was held that there is a positive right to strike, but the exercise of that right could infringe a business's freedom of establishment under the Treaty on the Functioning of the European Union article 49 (ex Article 43 TEC). Often called ''The Rosella'' case or the ''Viking'' case, it is relevant to all labour law within the European Union (then including UK labour law). The decision has been criticised for the Court's inarticulate line of reasoning, and its disregard of fundamental human rights. ''The Rosella'' was shortly followed by a case on freedom to provide services called '' Laval un Partneri Ltd v Svenska Byggnadsarbetareförbundet'', and by the influential European Court of Human Rights decision in '' Demir and Baykara v Turkey''. Facts Viking Line ABP operated a ship called ''The Rosella'' between Estonia and Finland. It ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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European Union
The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The union has a total area of and an estimated population of over 449million as of 2024. The EU is often described as a ''sui generis'' political entity combining characteristics of both a federation and a confederation. Containing 5.5% of the world population in 2023, EU member states generated a nominal gross domestic product (GDP) of around €17.935 trillion in 2024, accounting for approximately one sixth of global economic output. Its cornerstone, the European Union Customs Union, Customs Union, paved the way to establishing European Single Market, an internal single market based on standardised European Union law, legal framework and legislation that applies in all member states in those matters, and only those matters, where the states ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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European Court Of Justice
The European Court of Justice (ECJ), officially the Court of Justice (), is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per Member State – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court to apply the resulting interpre ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Vilho Eskelinen And Others
Vilho is a given name, the Finnish form of Wilhelm or William. The name may refer to: * Vilho Luolajan-Mikkola (1911–2005), Finnish composer * Vilho Niittymaa (1896–1979), Finnish athlete * Vilho Petter Nenonen (1883–1960), Finnish general * Vilho Rättö (1913–2002), Finnish Knight of the Mannerheim Cross * Vilho Siivola (1910–1984), Finnish actor, director and a member of the Council of Theatre * Vilho Tuulos (1895–1967), Finnish triple jumper and long jumper * Vilho Väisälä (1889–1969), Finnish meteorologist and physicist Fictional characters * Vilho Koskela Vilho Johannes "Ville" Koskela is a fictional character in Väinö Linna's 1954 war novel ''The Unknown Soldier (novel), The Unknown Soldier'' and the Under the North Star trilogy, ''Under the North Star'' trilogy (1959–1962). In ''The Unknown ..., a character from ''The Unknown Soldier'' novel and ''Under the North Star'' trilogy by Väinö Linna {{given name Finnish mas ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Legal Certainty
Legal certainty is a principle in national and international law which holds that the law must provide those subject to it with the ability to regulate their conduct. See also * * *Due process *International human rights law International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, ag ... * Rational basis test Further reading *Gerit BetlemThe Doctrine of Consistent Interpretation—Managing Legal Uncertainty ''Oxford Journal of Legal Studies'', 2002. *Anthony D'AmatoLegal Uncertainty ''California Law Review'', 1983. *Uri WeissThe Regressive Effect of Legal Uncertainty ''The Journal of Dispute Resolution'', 2019. References Legal doctrines and principles {{law-stub ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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European Committee Of Social Rights
The European Social Charter is a Council of Europe treaty which was opened for signature on 18 October 1961 and initially became effective on 26 February 1965, after West Germany had become the fifth of the 13 signing nations to ratify it. By 1991, 20 nations had ratified it.Carole Benelhocine, ''The European Social Charter'' (Council of Europe, 2012) pp77-78 Contents The Charter was established to support the European Convention on Human Rights which is principally for civil and political rights, and to broaden the scope of protected fundamental rights to include social and economic rights. The Charter also guarantees positive rights and freedoms which concern all individuals in their daily existence. The basic rights set out in the Charter are as follows: housing, health, education, labour rights, full employment, reduction of working hours equal pay for equal work, parental leave, social security, social and legal protection from poverty and social exclusion, fre ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Convention Concerning Protection Of The Right To Organise And Procedures For Determining Conditions Of Employment In The Public Service
Convention may refer to: * Convention (norm), a custom or tradition, a standard of presentation or conduct ** Treaty, an agreement in international law ** Convention (political norm), uncodified legal or political tradition * Convention (meeting), meeting of a (usually large) group of individuals and/or companies in a certain field who share a common interest ** Fan convention, a gathering of fans of a particular media property or genre *** Anime convention, centered on Japanese anime and manga *** Comic book convention centered on comic books *** Gaming convention, centered on role-playing games, collectible card games, miniatures wargames, board games, video games, and the like ***Magic convention, centered on magic and the magic industry *** Tattoo convention, a meeting and exhibition for tattoo practitioners and enthusiasts from different shops and areas, as well as anyone who wishes to see the world of tattooing up close *** Furry convention, centered on anthropomorphic animals ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |