Akademik Veri Yönetim Sistemi
İstanbul Hukuk Mecmuası, cilt.80, sa.2, ss.383-406, 2022 (ESCI)
This article aims to examine collective labor agreement autonomy, the principle of equality, and state personnel regime pursuant to a decision the Constitutional Court settled in 2017. This decision involved collective labor agreement autonomy. However, in this article is not interested in criticizing the decision but in putting out an in-depth analysis of collective labor agreement autonomy as a Constitutionally covered right. As this decision has presented inequality among state personnel, it has also put forth the need for fundamental change in Turkey's thoroughly minced state personnel regime. As this decision shows, the state personnel regime helps neither the State nor its employees, but instead outputs unconstitutionality. This causes inequality, a breach in labor peace and public interest, and therefore a breach in public order as well. The starting point of this article is this decision of the Constitutional Court. However, this article also puts forward that the state personnel regime causes many problems in areas such as collective labor agreement, voluntary collective labor bargaining, and equality. The decision indicates how the Constitutional Court stretches its own audit principles in order to preserve public income. With this decision, the Constitutional Court first broadened the limitations over the fundamental right of collective labor agreement autonomy and then breached the principle of proportionality. The Court additionally breached the requirements for limiting a fundamental right in a democratic society. This viewpoint of the Court indicates the dilemma found within their charge of protecting public sources while breaching a fundamental right prescribed in the Constitution. This also shows the inequality that exists among state personnel. In this scope, the decision is criticized and this leaded some changes to the state personnel regime.