MicAtCyp wrote:And the EU reply is:
Get lost both of you.Old Cyprus Republic no longer exists we have nothing to say to you.Make a new application for EU membership and we will see.
The European Council cannot decide on this matter my itself.The matter has to pass through the Parliaments of all 25 member states and get approved. Tell me how many parliaments you think would accept it to be their own Primary law.
Mikkie was right. The Anan Plan was designed to expell Cyprus from the EU.
Sorry to say this MicAtCyp, but this is the most bogus I have heard for a while.
I am not saying that the acceptance of Annan Plan would not create problems in EU but would rather create problems to TCs instead of GCs.
I totally agree with you with the fact that, Annan Plan was designed for before RoC’s EU accession. And furthermore I have been indicating in this forum from the day one that whatever we agree on from right now has to be accepted by the EU as a whole and by other states individually so that it becomes a primary law.
But unlike what you claim this would not result in expulsion of RoC from EU but would result in elimination of many points of the plan from the agreement after it has been approved by us, because they contain derogations to EU law not negotiated between RoC and EU during its accessions.
This is why I have been telling from day one that any plan that will be accepted by us in the future (if they include derogation to acquis communutaire) has to be approved by the EU and each individual state so that they become primary law in EU with derogations, otherwise every derogation we agree on, would be returned by the EU courts by some zealous GCs. That is what we can not accept. We do not want to have an agreement to be later turned by EU courts.
In the future solution, the only way round this is to specifically state in the solution that this agreement will take place when it is ratified by EU and by individual states so that it becomes EU primary law, OR you guys should be willing to accept that RoC is dead and ask for EU to accepts the new united Cyprus as a new member, (which actually amounts to the same thing, because it still will have to be approved by every member individually, including current RoC)
Other than that any derogation we have come to accepts as majorities in both sides will be challenged by the minority of each side be turned from EU courts.
This is why current RoC government is trying to solve the issue as it is the same as unification of Germany, knowing that in that kind of environment TCs would not end up getting any derogations to acquis.
But having said all is not loss for TCs. Because RoC got accession to EU on 1960 constitution (at least on paper) that constitution is a part or primary law, so the rights of TCs from that constitution can be asked for in EU courts. And this is what you will be seeing in the coming years, more and more TCs applying EU courts trying to force RoC to obey to its 1960 constitution and to all the rights of TCs stemming from that constitution. (including the right fro vice president with veto power, the foreign judges, the 70/30 ratio that you guys love to hate, etc. etc.)
