ECHR. Significance Demir and Baykara v Turkey has widely been seen as a landmark case in the international development of freedom of association. Its significance lies in confirming that there is an inherent right to collective bargaining protected by article 11 ECHR, within the right to freedom of association. Only interference that is strictly necessary in a democratic society can be justified. A particular point of interest is its apparent tension with decisions of the European Court of Justice of the European Union in The Rosella and Laval, which held that there is a qualified right to strike, but one which can only be exercised when it does not disproportionately affect the EU business right to freedom of establishment or providing services. It is highly open to question that these two cases, which preceded the judgment in Demir could be reconciled, given that Convention jurisprudence places the emphasis on justifying restrictions on the human right to free association, and would seem to favour greater attention to the need to collectively bargain. This had led to predictions that there could be a "showdown" between the Strasbourg and Luxembourg courts. Ewing and Hendy write, The judgement also elaborated on the living instrument doctrine, stating: See also ECHR cases Wilson v United Kingdom (2002) 35 EHRR 20, [2002] ECHR 552 Associated Society of Locomotive Engineers and Firemen v United Kingdom [2007] IRLR 361 EU cases The Rosella [2008] IRLR 143 (C-438/05), on freedom of establishment Laval Un Partneri Ltd v Svenska Byggnadsarbetareforbundet [2008] IRLR 160 (C-319/05, see also (C-319/06), on free movement of services Notes References KD Ewing and J Hendy QC, 'The Dramatic Implications of Demir and Baykara' (2010) 39(1) Industrial Law Journal 2 External links Eurofound.europa.eu summary of the case [2008] ECHR 1345 Full text of judgment http://www.law.utoronto.ca/documents/conferences2/StrikeSymposium09_Ewing-Hendy.pdf Labour case law Article 11 of the European Convention on Human Rights European Court of Human Rights cases involving Turkey 2008 in case law Trade union case law 2008 in Turkey