The right to collective action under European law and Turkish law

Abstract

Apart from many other important and urgent problems in labour law, the right to collective action is increasingly the most violated and ignored labour right in this continuing period of economic, political and social crises around the world due to the very fact that it constitutes the most effective and progressive power of workers. Therefore, it is essential and urgent that fundamental hindrances are identified and substantial solutions are put in place to ensure efficient protection and exercise of the right. In this respect, I aim to evaluate the right to collective action of private sector workers under the instruments of the Council of Europe, the European Union and Turkey, and to examine selected fundamental impediments to its effective protection and enforcement under European law and Turkish law, which essentially arise from sovereignty and exceptionalist concerns as well as the subordination of social rights to economic interests. Lastly, I will propose some solutions for a more progressive protection and implementation of the right to collective action whose evolution requires a lot of effort, dedication and struggle during a long yet hopeful process.