Cyprus-Forum.com

[Kifeas]

UN Charter, Chapter I, article 2.

The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.

1. The Organization is based on the principle of the sovereign equality of all its Members.
2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter.
3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.
4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.
5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.
6. The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security.
7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll.

http://www.un.org/aboutun/charter/chapter1



UN Charter, Chapter XVI, article 103

In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.

http://www.un.org/aboutun/charter/chapter16.shtml

[miltiades]

Point me to the passage in the constitution that says that! Are you for real?

ARE YOU FOR REAL !!! You now show me where the constitution can be changed without the agreement of the guarantor powers - if you are so sure !

The “guarantor” powers stopped being guarantors the moment… (1) Greece launched a coup against the government of Cyprus, (2) Turkey invaded and occupied Cyprus, and (3) Britain stood idle failing to prevent the two above.

All three broke the agreement within the space of a month rendering it useless. You’ll note also that in practice, none of the former “guarantor” powers have had any say ever since in everyday Cyprus affairs.

As usual you have not replied with facts but with more opinions.

LEGALLY the EXISTENCE of the CYPRUS REPUBLIC is guaranteed by the GUARANTOR POWERS who established the original constitution.

Are you now advocating that the Cyprus Republic is dead from what you state above ? If so what country entered the EU?

I have to agree with everyone else on this one Byron , in that the legal obligations and requirements of the guarantor powers became null and void the moment that Turkey invaded Cyprus and they failed to intervene .
Neither Britain nor Greece have any constitutional rights over Cyprus there can be no doubt that these two nations failed miserably in their obligations to Cyprus . As member of the UN and the EU , the ROC is the only constitutional power presiding over Cyprus .

[DT.]

Point me to the passage in the constitution that says that! Are you for real?

ARE YOU FOR REAL !!! You now show me where the constitution can be changed without the agreement of the guarantor powers - if you are so sure !

The “guarantor” powers stopped being guarantors the moment… (1) Greece launched a coup against the government of Cyprus, (2) Turkey invaded and occupied Cyprus, and (3) Britain stood idle failing to prevent the two above.

All three broke the agreement within the space of a month rendering it useless. You’ll note also that in practice, none of the former “guarantor” powers have had any say ever since in everyday Cyprus affairs.

As usual you have not replied with facts but with more opinions.

LEGALLY the EXISTENCE of the CYPRUS REPUBLIC is guaranteed by the GUARANTOR POWERS who established the original constitution.

Are you now advocating that the Cyprus Republic is dead from what you state above ? If so what country entered the EU?

Byron,you don't know what you're talking about. The constitution can only be amended by the parliament and implemented by the executive of Cyprus. The judicial system in Cyprus is in charge of ruling whether any actions are unconstitutional.

The President and Vice President had even the power afforded to them by the constitution to reduce the numbers of the Greek and Turkish millitary contingents.

Where does it say that Greece, Turkey and the UK can amend our constitution!

FFS If you don't have the facts DON'T POST that you DO!!!!!

Article 182 of the constitution
Subject to paragraph 1 of this Article any provision of this Constitution may be amended, whether by way of variation, addition or repeal, as provided in paragraph 3 of this Article.

3. Such amendment shall be made by a law passed by a majority vote comprising at least two-thirds of the total number of the Representatives belonging to the Greek Community and at least two-thirds of the total number of the Representatives belonging to the Turkish Community.

The parts of the constitution that CAN be amended are amended in the manner shown above AND NOT BY THE GAURANTOR POWERS!

I would ask everyone to read the constitution first before posting further nonsense regarding Gaurantor powers having the power to change our constitution.

[BirKibrisli]

Point me to the passage in the constitution that says that! Are you for real?

ARE YOU FOR REAL !!! You now show me where the constitution can be changed without the agreement of the guarantor powers - if you are so sure !

The “guarantor” powers stopped being guarantors the moment… (1) Greece launched a coup against the government of Cyprus, (2) Turkey invaded and occupied Cyprus, and (3) Britain stood idle failing to prevent the two above.

All three broke the agreement within the space of a month rendering it useless. You’ll note also that in practice, none of the former “guarantor” powers have had any say ever since in everyday Cyprus affairs.

As usual you have not replied with facts but with more opinions.

LEGALLY the EXISTENCE of the CYPRUS REPUBLIC is guaranteed by the GUARANTOR POWERS who established the original constitution.

Are you now advocating that the Cyprus Republic is dead from what you state above ? If so what country entered the EU?

Byron,you don't know what you're talking about. The constitution can only be amended by the parliament and implemented by the executive of Cyprus. The judicial system in Cyprus is in charge of ruling whether any actions are unconstitutional.

The President and Vice President had even the power afforded to them by the constitution to reduce the numbers of the Greek and Turkish millitary contingents.

Where does it say that Greece, Turkey and the UK can amend our constitution!

FFS If you don't have the facts DON'T POST that you DO!!!!!

Article 182 of the constitution
Subject to paragraph 1 of this Article any provision of this Constitution may be amended, whether by way of variation, addition or repeal, as provided in paragraph 3 of this Article.

3. Such amendment shall be made by a law passed by a majority vote comprising at least two-thirds of the total number of the Representatives belonging to the Greek Community and at least two-thirds of the total number of the Representatives belonging to the Turkish Community.

The parts of the constitution that CAN be amended are amended in the manner shown above AND NOT BY THE GAURANTOR POWERS!

I would ask everyone to read the constitution first before posting further nonsense regarding Gaurantor powers having the power to change our constitution.

DT...In the enlarged section above there is a line which includes "at least two-thirds of the total number of the representatives belonging to the Turkish (Cypriot!) Community..." How are you going to get around that????

[DT.]

Point me to the passage in the constitution that says that! Are you for real?

ARE YOU FOR REAL !!! You now show me where the constitution can be changed without the agreement of the guarantor powers - if you are so sure !

The “guarantor” powers stopped being guarantors the moment… (1) Greece launched a coup against the government of Cyprus, (2) Turkey invaded and occupied Cyprus, and (3) Britain stood idle failing to prevent the two above.

All three broke the agreement within the space of a month rendering it useless. You’ll note also that in practice, none of the former “guarantor” powers have had any say ever since in everyday Cyprus affairs.

As usual you have not replied with facts but with more opinions.

LEGALLY the EXISTENCE of the CYPRUS REPUBLIC is guaranteed by the GUARANTOR POWERS who established the original constitution.

Are you now advocating that the Cyprus Republic is dead from what you state above ? If so what country entered the EU?

Byron,you don't know what you're talking about. The constitution can only be amended by the parliament and implemented by the executive of Cyprus. The judicial system in Cyprus is in charge of ruling whether any actions are unconstitutional.

The President and Vice President had even the power afforded to them by the constitution to reduce the numbers of the Greek and Turkish millitary contingents.

Where does it say that Greece, Turkey and the UK can amend our constitution!

FFS If you don't have the facts DON'T POST that you DO!!!!!

Article 182 of the constitution
Subject to paragraph 1 of this Article any provision of this Constitution may be amended, whether by way of variation, addition or repeal, as provided in paragraph 3 of this Article.

3. Such amendment shall be made by a law passed by a majority vote comprising at least two-thirds of the total number of the Representatives belonging to the Greek Community and at least two-thirds of the total number of the Representatives belonging to the Turkish Community.

The parts of the constitution that CAN be amended are amended in the manner shown above AND NOT BY THE GAURANTOR POWERS!

I would ask everyone to read the constitution first before posting further nonsense regarding Gaurantor powers having the power to change our constitution.

DT...In the enlarged section above there is a line which includes "at least two-thirds of the total number of the representatives belonging to the Turkish (Cypriot!) Community..." How are you going to get around that????

Their seats are empty in the chambers awaiting them to cast their vote.

[BirKibrisli]

Point me to the passage in the constitution that says that! Are you for real?

ARE YOU FOR REAL !!! You now show me where the constitution can be changed without the agreement of the guarantor powers - if you are so sure !

The “guarantor” powers stopped being guarantors the moment… (1) Greece launched a coup against the government of Cyprus, (2) Turkey invaded and occupied Cyprus, and (3) Britain stood idle failing to prevent the two above.

All three broke the agreement within the space of a month rendering it useless. You’ll note also that in practice, none of the former “guarantor” powers have had any say ever since in everyday Cyprus affairs.

As usual you have not replied with facts but with more opinions.

LEGALLY the EXISTENCE of the CYPRUS REPUBLIC is guaranteed by the GUARANTOR POWERS who established the original constitution.

Are you now advocating that the Cyprus Republic is dead from what you state above ? If so what country entered the EU?

Byron,you don't know what you're talking about. The constitution can only be amended by the parliament and implemented by the executive of Cyprus. The judicial system in Cyprus is in charge of ruling whether any actions are unconstitutional.

The President and Vice President had even the power afforded to them by the constitution to reduce the numbers of the Greek and Turkish millitary contingents.

Where does it say that Greece, Turkey and the UK can amend our constitution!

FFS If you don't have the facts DON'T POST that you DO!!!!!

Article 182 of the constitution
Subject to paragraph 1 of this Article any provision of this Constitution may be amended, whether by way of variation, addition or repeal, as provided in paragraph 3 of this Article.

3. Such amendment shall be made by a law passed by a majority vote comprising at least two-thirds of the total number of the Representatives belonging to the Greek Community and at least two-thirds of the total number of the Representatives belonging to the Turkish Community.

The parts of the constitution that CAN be amended are amended in the manner shown above AND NOT BY THE GAURANTOR POWERS!

I would ask everyone to read the constitution first before posting further nonsense regarding Gaurantor powers having the power to change our constitution.

DT...In the enlarged section above there is a line which includes "at least two-thirds of the total number of the representatives belonging to the Turkish (Cypriot!) Community..." How are you going to get around that????

Their seats are empty in the chambers awaiting them to cast their vote.

Good one

[Byron]

Point me to the passage in the constitution that says that! Are you for real?

ARE YOU FOR REAL !!! You now show me where the constitution can be changed without the agreement of the guarantor powers - if you are so sure !

The “guarantor” powers stopped being guarantors the moment… (1) Greece launched a coup against the government of Cyprus, (2) Turkey invaded and occupied Cyprus, and (3) Britain stood idle failing to prevent the two above.

All three broke the agreement within the space of a month rendering it useless. You’ll note also that in practice, none of the former “guarantor” powers have had any say ever since in everyday Cyprus affairs.

As usual you have not replied with facts but with more opinions.

LEGALLY the EXISTENCE of the CYPRUS REPUBLIC is guaranteed by the GUARANTOR POWERS who established the original constitution.

Are you now advocating that the Cyprus Republic is dead from what you state above ? If so what country entered the EU?

Byron,you don't know what you're talking about. The constitution can only be amended by the parliament and implemented by the executive of Cyprus. The judicial system in Cyprus is in charge of ruling whether any actions are unconstitutional.

The President and Vice President had even the power afforded to them by the constitution to reduce the numbers of the Greek and Turkish millitary contingents.

Where does it say that Greece, Turkey and the UK can amend our constitution!

FFS If you don't have the facts DON'T POST that you DO!!!!!

Article 182 of the constitution
Subject to paragraph 1 of this Article any provision of this Constitution may be amended, whether by way of variation, addition or repeal, as provided in paragraph 3 of this Article.

3. Such amendment shall be made by a law passed by a majority vote comprising at least two-thirds of the total number of the Representatives belonging to the Greek Community and at least two-thirds of the total number of the Representatives belonging to the Turkish Community.

The parts of the constitution that CAN be amended are amended in the manner shown above AND NOT BY THE GAURANTOR POWERS!

I would ask everyone to read the constitution first before posting further nonsense regarding Gaurantor powers having the power to change our constitution.

DT...In the enlarged section above there is a line which includes "at least two-thirds of the total number of the representatives belonging to the Turkish (Cypriot!) Community..." How are you going to get around that????

Their seats are empty in the chambers awaiting them to cast their vote.

Good one

DT : When you quote an article please quote it correctly.

To clarify

Article 182 sub-section 1 - The Articles or parts of this Constitution set out in Annex III hereto which have been incorporated from the ZURICH AGREEMENT dated 11 February 1959, are the basic Articles of this Constitution and cannot in any way , be amended whether by variation , additional or repeal.

What this means is that without the consensus of the ZURICH AGREEMENT the constitution cannot be amended.

Under ART 21 of the said agreement
A Treaty guaranteeing the independence, territorial integrity and constitution of the new State of Cyprus shall be concluded between the Republic of Cyprus, Greece, the United Kingdom, and Turkey. A Treaty of military alliance shall also be concluded between the Republic of Cyprus, Greece and Turkey. These two instruments shall have constitutional force. This last paragraph shall be inserted as as a basic article.

Under Art 7 of the Zurich Agreement - " [/b] The constitutional law, with the exception of its basic articles, may be modified by a majority comprising two-thirds of the GREEK members and two-thirds of the TURKISH members of the House of Representatives.

Art 182 sub section 2 and 3 - quoted by the honourable lawyer DT recalls the previous article of the ZURICH AGREEMENT.

So from a legal point of view the Constitution cannot be changed without the consensus of the executive guarantor powers that signed the ZURICH AGREEMENT.

[DT.]

the basic articles cannot be amended oh honourable one. The articles that can be amended are done so by the House of parliament.

[Byron]

the basic articles cannot be amended oh honourable one. The articles that can be amended are done so by the House of parliament.

Why didn't MAKARIOS change the 13 proposals he made in 1963 ?

[Byron]

the basic articles cannot be amended oh honourable one. The articles that can be amended are done so by the House of parliament.

Any article other than a basic article can be changed ( let's see if you can list some ) provided and you can find 2/3 of the Turkish community to vote on them. TOTAL ENPASS DELIBERATELY DONE FROM A LEGAL POINT OF VIEW to give no real power to the CYPRUS REPUBLIC.