The legal chracteristic of collective agreement of public servants [Kamu görevlileri toplu sözlesmesinin hukuki niteligi]

With the amendment to the constitution made in 2010,the right of collective agreement for public servants and other government employees has become a constitutional right. however,despite the amount of time that has passed since the enactment of the legislation,it is difficult to say that collective agreement is being discussed particularly in the context of public law principles and regulations. yet,collective agreement is of distinctive nature due to its capability of bringing exceptions to the law rules pertaining to economic and social rights. this article firstly attempts to distinguish collective agreement of workers and collective agreement of public servants on the conceptual level,and then discusses the right of collective agreement in the context of article 53 of the constitution,the decisions of the european court of human rights and the constitutional court. lastly,the legal regime of collective agreement of public employees is analyzed in the light of debates over collective agreement and regulations of positive law regulations. the article has reached the conclusion that no regulations that limit the legal rights can be accorded through collective agreement and that collective agreement is a regulation- forming (regulatory) act.