bill cobbett wrote:CopperLine wrote:Kikapu wrote:During my recent trip to the UK, I was made aware, that many TC's were taking "sudden" trips to the "trnc", in believing that the Oram's legal ruling by the ECHR was to become EU Law today, March 19th.....................or soon after.! I was told by a reliable source, that this ruling is about to become law very soon which will turn the north upside-down on it's head, which will throw a "monkey wrench" in Talat's attempt to resolve the GC owned property issue by using compensation as a formula to make the north "Turkish Land". When this legal ruling becomes law, not even Christofias will be able to give Talat what he wants, because each individual GC owner of land in the north will also have a say so what goes on in the property negotiations. It will be as if Talat will be negotiating with Christifias as well as 200,000 GC refugees from then on.! But of course, that will come after the property market of GC land in the north is destroyed by this ruling that is.! At that point, all GC property in the north will become "Radioactive" to others, other than to it's rightful legal owners.!
Good luck, Mr. Talat.!I was told by a reliable source, that this ruling is about to become law ....
1. A ruling doesn't become law. A ruling or adjudication is the interpretation of law. ECHR or any other court is not a legislature, it is a judicial chamber interpreting laws. So when ECHR comes to a judgement it is clarifying and therefore interpreting the law.
2. Your reliable source evidently doesn't know the difference between the ECHR (European Court of Human Rights, which is a Council of Europe institution) and the European Court of Justice (ECJ, which is the court of the European Union). The Oram's case is before the ECJ not the ECHR.
3. Therefore it cannot be the case that a decision on the Oram's was to become EU law as a result of an ECHR judgement. Wrong court, wrong understanding of the relationship between adjudication and law.
4. It was always going to be the case that whatever the terms of a political settlement between Talat and Christofias (or whoever) that individuals could still pursue human rights (or other cases) through national, EU, and international courts. Any result of the Oram's case - whichever way it goes (though more than likely to go 'against' the Orams) - will simply confirm this.
The Orams/Apostolides matter has been referred to the ECJ for a definitive judgement on the matter of enforcing a member state's court judgement in areas where the member state has effectively no practical recourse and some other related matters to do with service of documents and whether the Orams had due notice and due representation.
In interpreting existing legislation by making the judgement and by way of its definitive opinion the ECJ will be making a new EU-wide law by way of new "case law" in this area. A new case law which national courts will be able to refer to in future.
Not unusual for supreme courts to make new case laws, to fill in gaps in existing laws and give definitive interpretations.
Fair points Bill Cobbett maybe this isn't the place to debate the relative influence of case law and precedent in the English tradition of law on continental law. There is, in fact, a big debate in EU law and courts about the status of 'case law' in the development of law. You'll excuse me if I don't get into a debate about whether constitutional/supreme courts make 'new case law' or not