Cyprus-Forum.com

[brother]

Can turkey take the roc to court for illegally joining the E.U, this was a conversation i had recently and ended fustrated because we could not determine the legality of the issue.

The agreements signed by roc, turkey, greece and u.k stipulates that cyprus cannot join any organisation that turkey and greece are not already members of, but cyprus has joined the E.U, so if turkey took the roc to e.u courts could turkey not get a ruling making the roc membership null and void.

I await with anticipation of all comments.

[turkcyp]

deleted by the author...

[brother]

p.s. I have lost the hope in the last one year that there will be a solution in Cyprus. We are simply to wide away from each other in terms of issues.

Fair enough but do you think if that scenario happened turkey would win the case or should i be asking would it make it to court.

[Main_Source]

Turkey's guarantorship became void when they abused it in 1974, thats the way I see it anyway. Do you really still think the RoC should respect Turkey's so called guarantorship, after 1974!? Anyway, if Turkey could sue RoC for joining the EU, couldn't the RoC sue Turkey for abusing it's guarantor status for the last 30 years!?

Besides, how can the TC's who live under the 'TRNC' join the EU along WITH RoC, as they are both living under separate governments. Where is the logic in allowing letting the citizens of the 'TRNC', who lets say want to be separate from the RoC, still be a part of joining the EU with the RoC?

[RAFAELLA]

Can turkey take the roc to court for illegally joining the E.U, ....

How did you think of that Brother?!
TR suing CyR for becoming an EU member????

Cyprus was accepted in EU by all member states and because she fullfiled all the criteria.
If Cyprus commited a "crime" then TR should sue all the other EU members that helped Cyprus commit that "crime" and becoming an EU member

[brother]

Cyprus was accepted in EU by all member states and because she fullfiled all the criteria.
If Cyprus commited a "crime" then TR should sue all the other EU members that helped Cyprus commit that "crime" and becoming an EU member

Now thats another good debate

[Kifeas]

Brother, this is the full text of the Treaty of Guarantee.
Please take note of the underlined parts and then read my comments below

Treaty of Guarantee
The Republic of Cyprus of the one part, and Greece, Turkey and the United Kingdom of Great Britain and Northern Ireland of the other part,
I. Considering that the recognition and maintenance of the independence, territorial integrity and security of the Republic of Cyprus, as established and regulated by the Basic Articles of its Constitution, are in their common interest,
II. Desiring to co-operate to ensure respect for the state of affairs created by that Constitution,
Have agreed as follows:
Article I
The Republic of Cyprus undertakes to ensure the maintenance of its independence, territorial integrity and security, as well as respect for its Constitution.
It undertakes not to participate, in whole or in part, in any political or economic union with any State whatsoever. It accordingly declares prohibited any activity likely to promote, directly or indirectly, either union with any other State or partition of the Island.
Article II
Greece, Turkey and the United Kingdom, taking note of the undertakings of the Republic of Cyprus set out in Article I of the present Treaty, recognise and guarantee the independence, territorial integrity and security of the Republic of Cyprus, and also the state of affairs established by the Basic Articles of its Constitution.
Greece, Turkey and the United Kingdom likewise undertake to prohibit, so far as concerns them, any activity aimed at promoting, directly or indirectly, either union of Cyprus with any other State or partition of the Island.
Article III
The Republic of Cyprus, Greece and Turkey undertake to respect the integrity of the areas retained under United Kingdom sovereignty at the time of the establishment of the Republic of Cyprus, and guarantee the use and enjoyment by the United Kingdom of the rights to be secured to it by the Republic of Cyprus in accordance with the Treaty concerning the Establishment of the Republic of Cyprus signed at Nicosia on to-day's date.
Article IV
In the event of a breach of the provisions of the present Treaty, Greece, Turkey and the United Kingdom undertake to consult together with respect to the representations or measures necessary to ensure observance of those provisions.
In so far as common or concerted action may not prove possible, each of the three guaranteeing Powers reserves the right to take action with the sole aim of re-establishing the state of affairs created by the present Treaty.
Article V
The present Treaty shall enter into force on the date of signature. The original texts of the present Treaty shall be deposited at Nicosia.
The High Contracting Parties shall proceed as soon as possible to the registration of the present Treaty with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations.

Let’s see who violates the treaty? The RoC or Turkey?

The treaty states clearly that the RoC "undertakes not to participate, in whole or in part, in any political or economic union with any State whatsoever."
Is the European Union a State? The answer is "No." Therefore the RoC does not violate the treaty by becoming a member of the E.U.

The treaty also states clearly that Turkey undertakes to "recognise and guarantee the independence, territorial integrity and security of the Republic of Cyprus, and also the state of affairs established by the Basic Articles of its Constitution."
Does Turkey recognise the RoC? The answer is "No." Turkey doesn't officially or unofficially recognise the RoC. Therefore Turkey violates the treaty.
Does Turkey guarantee the Territorial integrity of the RoC? The answer is "No." Turkey occupies the northern part of Cyprus and holds the island divided for 31 years. Therefore Turkey violates the treaty.

The treaty states that "each of the three guaranteeing Powers reserves the right to take action with the sole aim of re-establishing the state of affairs created by the present Treaty."
Did Turkey in 1974 take action with the sole aim of re-establishing the state of affairs created by the Treaty? The answer is "No." Turkey in 1974 invaded in full scale, forced the GC population out of their homes and properties and de facto partitioned the island, thus destroying all together the same treaty it signed and all it's provisions and assumptions. Therefore Turkey violates the treaty.

[magikthrill]

hehe

I think that what Kifeas is saying is that Turkey cannot take the EU to court unless she takes herself to court first.

So its not so much that the Treaty became null and void in 1974 but rather Turkey refuses to abide by it so it can be used by Turkey in court anymore.

[gabaston]

Do you not see 5 gc violations prior to the invasion.
And if they are not enough, theres another 1 after the invasion, making a total of 6 gc violations to article one alone.

[Kifeas]

Do you not see 5 gc violations prior to the invasion.
And if they are not enough, theres another 1 after the invasion, making a total of 6 gc violations to article one alone.

Hello Mr. gabaston,

Can you list for us the 5 violations before the invasion and the 6th one after the invasion?