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European Court of Justice Diary, Orams

How can we solve it? (keep it civilized)

Postby Viewpoint » Fri Mar 20, 2009 12:36 am

CopperLine wrote:Viewpoint
Following from what I said earlier, the daily lives of some TCs will be changed because they'll be out of house and home or, potentially, other assets claimed. Even if there are amicable settlements one might expect other TCs to give over parts of property or be required to vacate property.

Or, if one makes a less emphatic assumption TCs in contested properties may find it increasingly difficult to raise funds on now-dodgy collateral.

Or if GCs return to their properties in any numbers then the local economy, society, education might change the daily lives of TCs.

One may be reluctant to imagine these possibilities but they're nevertheless imaginable and plausible.

Moreover the Oram's ECJ case is not really about property it is primarily about the enforcement of judgements in other jurisidictions and therefore this has ramifications for TCs (and all other EU citizens) in all aspects of their lives which are based on the illegal appropriation of GC properties.


Cooper with all due respects how will the "enofrcement" change our daily lives without a solution to go with it? It is very unlikely one will be found so the "enforcement" is not worth the paper its written on as it cannot be "enforced". Simpl really these are just the GCs games to try and get us to capitulate to their demands cant you see that the first thing that comes to mind for the warped mindset of some on this forum is that President Talat will lose his right to negotiate on the property issue. Well its time the world stopped giving the GCs false hopes as to date nothing they have done has amounted to much even entering the EU where they expect a solution within days of joining. If after 35 years of dead ends and not even one inch of land, one solider or even one settler being returned it must tell them no one gives a shit about what they demand and we will never capitulate to becoming a minority in a GC state run solely by GCs. We want our guaranteed effective say in any new agreements.
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Postby Jerry » Fri Mar 20, 2009 11:42 am

VP, enforcement will change the daily lives of many in the north who acquired GC property illegally and who also own property in an EU country. The problem, as I see it, for the dispossed GCs is that of identifying these occupants in order to instigate proceedings. The "trnc" will surely be tempted to close the crossings in order to frustrate legal actions - THAT will affect your daily lives.
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Postby YFred » Fri Mar 20, 2009 11:54 am

Jerry wrote:VP, enforcement will change the daily lives of many in the north who acquired GC property illegally and who also own property in an EU country. The problem, as I see it, for the dispossed GCs is that of identifying these occupants in order to instigate proceedings. The "trnc" will surely be tempted to close the crossings in order to frustrate legal actions - THAT will affect your daily lives.

Crossings will not be closed unless Eroglu comes to power.
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Postby Jerry » Fri Mar 20, 2009 12:04 pm

YFred wrote:
Jerry wrote:VP, enforcement will change the daily lives of many in the north who acquired GC property illegally and who also own property in an EU country. The problem, as I see it, for the dispossed GCs is that of identifying these occupants in order to instigate proceedings. The "trnc" will surely be tempted to close the crossings in order to frustrate legal actions - THAT will affect your daily lives.

Crossings will not be closed unless Eroglu comes to power.


And yet you blame the GCs for your isolation.
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Postby YFred » Fri Mar 20, 2009 12:08 pm

Jerry wrote:
YFred wrote:
Jerry wrote:VP, enforcement will change the daily lives of many in the north who acquired GC property illegally and who also own property in an EU country. The problem, as I see it, for the dispossed GCs is that of identifying these occupants in order to instigate proceedings. The "trnc" will surely be tempted to close the crossings in order to frustrate legal actions - THAT will affect your daily lives.

Crossings will not be closed unless Eroglu comes to power.


And yet you blame the GCs for your isolation.

It takes two to Tango. Never one.
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Postby CBBB » Fri Mar 20, 2009 12:24 pm

YFred wrote:
Jerry wrote:
YFred wrote:
Jerry wrote:VP, enforcement will change the daily lives of many in the north who acquired GC property illegally and who also own property in an EU country. The problem, as I see it, for the dispossed GCs is that of identifying these occupants in order to instigate proceedings. The "trnc" will surely be tempted to close the crossings in order to frustrate legal actions - THAT will affect your daily lives.

Crossings will not be closed unless Eroglu comes to power.


And yet you blame the GCs for your isolation.

It takes two to Tango. Never one.


And you are leading!
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Postby YFred » Fri Mar 20, 2009 12:31 pm

CBBB wrote:
YFred wrote:
Jerry wrote:
YFred wrote:
Jerry wrote:VP, enforcement will change the daily lives of many in the north who acquired GC property illegally and who also own property in an EU country. The problem, as I see it, for the dispossed GCs is that of identifying these occupants in order to instigate proceedings. The "trnc" will surely be tempted to close the crossings in order to frustrate legal actions - THAT will affect your daily lives.

Crossings will not be closed unless Eroglu comes to power.


And yet you blame the GCs for your isolation.

It takes two to Tango. Never one.


And you are leading!

Nooooooo, I don't dance, I've got two left feet, I leave that to sissies like GR. I just like to listen to good music.
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Postby CopperLine » Fri Mar 20, 2009 5:05 pm

Viewpoint wrote:
CopperLine wrote:Viewpoint
Following from what I said earlier, the daily lives of some TCs will be changed because they'll be out of house and home or, potentially, other assets claimed. Even if there are amicable settlements one might expect other TCs to give over parts of property or be required to vacate property.

Or, if one makes a less emphatic assumption TCs in contested properties may find it increasingly difficult to raise funds on now-dodgy collateral.

Or if GCs return to their properties in any numbers then the local economy, society, education might change the daily lives of TCs.

One may be reluctant to imagine these possibilities but they're nevertheless imaginable and plausible.

Moreover the Oram's ECJ case is not really about property it is primarily about the enforcement of judgements in other jurisidictions and therefore this has ramifications for TCs (and all other EU citizens) in all aspects of their lives which are based on the illegal appropriation of GC properties.


Cooper with all due respects how will the "enofrcement" change our daily lives without a solution to go with it? It is very unlikely one will be found so the "enforcement" is not worth the paper its written on as it cannot be "enforced". Simpl really these are just the GCs games to try and get us to capitulate to their demands cant you see that the first thing that comes to mind for the warped mindset of some on this forum is that President Talat will lose his right to negotiate on the property issue. Well its time the world stopped giving the GCs false hopes as to date nothing they have done has amounted to much even entering the EU where they expect a solution within days of joining. If after 35 years of dead ends and not even one inch of land, one solider or even one settler being returned it must tell them no one gives a shit about what they demand and we will never capitulate to becoming a minority in a GC state run solely by GCs. We want our guaranteed effective say in any new agreements.


The significance of the ECJ judgement - if it goes the way I expect i.e, confirms the enforceability in EU states of RoC judgments regarding offences/civil torts and breaches committed in northern Cyprus - is precisely that whereas some TCs who were illegal occupiers of GC properties were effective safe from enforcement of RoC judgments if they were living in London or had assets in Germany, now they would not be safe from enforcement. Thus if a GC opts to pursue his/her claim to the full extent and pushes for enforcement of judgment then the 'daily lives of those TCs' in London or Hamburg are most definitely going to be affected. Anybody who has bought and sold a property or who has gone through divorce or who has an employment dispute will know how wearisome and invasive into daily life the legal process can be !

Obviously not all TCs have appropriated GC property but it is undoubtedly true that most ex-pat properties built in the last ten years in northern Cyprus have been built on illegally appropriated GC land. As I said in an earlier post, in my view it is the ex-pats who are the most likely to have claims lodged against them and judgments enforced against them. If this turns out to be the case, I suspect that there will follow a surge of legal actions against estate agents, developers and lawyers (perhaps even government) from ex-pats who have been tricked, conned, lied to, misled about the nature and status of their purchases.

I disagree with you Viewpoint about this being 'GC games'. Sure some GCs may be playing games but this kind of ECJ judgment has effect far, far beyond TCs and GCs. It deal with a basic issue of international law - enforceability of judgment in other jurisdictions. This is not a trivial matter. I'm also sure that some GC efforts in this direction are motivated by efforts to derail Talat or settlement negotiations, but that is a fraction or minor part of the story. Whoever is negotiating, however a settlement is arrived at, whatever the details of that settlement this kind of ECJ judgment will affect TRNC and its economy, politics and daily life.
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Postby DT. » Fri Mar 20, 2009 5:20 pm

CopperLine wrote:
Viewpoint wrote:
CopperLine wrote:Viewpoint
Following from what I said earlier, the daily lives of some TCs will be changed because they'll be out of house and home or, potentially, other assets claimed. Even if there are amicable settlements one might expect other TCs to give over parts of property or be required to vacate property.

Or, if one makes a less emphatic assumption TCs in contested properties may find it increasingly difficult to raise funds on now-dodgy collateral.

Or if GCs return to their properties in any numbers then the local economy, society, education might change the daily lives of TCs.

One may be reluctant to imagine these possibilities but they're nevertheless imaginable and plausible.

Moreover the Oram's ECJ case is not really about property it is primarily about the enforcement of judgements in other jurisidictions and therefore this has ramifications for TCs (and all other EU citizens) in all aspects of their lives which are based on the illegal appropriation of GC properties.


Cooper with all due respects how will the "enofrcement" change our daily lives without a solution to go with it? It is very unlikely one will be found so the "enforcement" is not worth the paper its written on as it cannot be "enforced". Simpl really these are just the GCs games to try and get us to capitulate to their demands cant you see that the first thing that comes to mind for the warped mindset of some on this forum is that President Talat will lose his right to negotiate on the property issue. Well its time the world stopped giving the GCs false hopes as to date nothing they have done has amounted to much even entering the EU where they expect a solution within days of joining. If after 35 years of dead ends and not even one inch of land, one solider or even one settler being returned it must tell them no one gives a shit about what they demand and we will never capitulate to becoming a minority in a GC state run solely by GCs. We want our guaranteed effective say in any new agreements.


The significance of the ECJ judgement - if it goes the way I expect i.e, confirms the enforceability in EU states of RoC judgments regarding offences/civil torts and breaches committed in northern Cyprus - is precisely that whereas some TCs who were illegal occupiers of GC properties were effective safe from enforcement of RoC judgments if they were living in London or had assets in Germany, now they would not be safe from enforcement. Thus if a GC opts to pursue his/her claim to the full extent and pushes for enforcement of judgment then the 'daily lives of those TCs' in London or Hamburg are most definitely going to be affected. Anybody who has bought and sold a property or who has gone through divorce or who has an employment dispute will know how wearisome and invasive into daily life the legal process can be !

Obviously not all TCs have appropriated GC property but it is undoubtedly true that most ex-pat properties built in the last ten years in northern Cyprus have been built on illegally appropriated GC land. As I said in an earlier post, in my view it is the ex-pats who are the most likely to have claims lodged against them and judgments enforced against them. If this turns out to be the case, I suspect that there will follow a surge of legal actions against estate agents, developers and lawyers (perhaps even government) from ex-pats who have been tricked, conned, lied to, misled about the nature and status of their purchases.

I disagree with you Viewpoint about this being 'GC games'. Sure some GCs may be playing games but this kind of ECJ judgment has effect far, far beyond TCs and GCs. It deal with a basic issue of international law - enforceability of judgment in other jurisdictions. This is not a trivial matter. I'm also sure that some GC efforts in this direction are motivated by efforts to derail Talat or settlement negotiations, but that is a fraction or minor part of the story. Whoever is negotiating, however a settlement is arrived at, whatever the details of that settlement this kind of ECJ judgment will affect TRNC and its economy, politics and daily life.


Sums it up pretty well Copperline.
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Postby bill cobbett » Fri Mar 20, 2009 6:17 pm

DT. wrote:
CopperLine wrote:
Viewpoint wrote:
CopperLine wrote:Viewpoint
Following from what I said earlier, the daily lives of some TCs will be changed because they'll be out of house and home or, potentially, other assets claimed. Even if there are amicable settlements one might expect other TCs to give over parts of property or be required to vacate property.

Or, if one makes a less emphatic assumption TCs in contested properties may find it increasingly difficult to raise funds on now-dodgy collateral.

Or if GCs return to their properties in any numbers then the local economy, society, education might change the daily lives of TCs.

One may be reluctant to imagine these possibilities but they're nevertheless imaginable and plausible.

Moreover the Oram's ECJ case is not really about property it is primarily about the enforcement of judgements in other jurisidictions and therefore this has ramifications for TCs (and all other EU citizens) in all aspects of their lives which are based on the illegal appropriation of GC properties.


Cooper with all due respects how will the "enofrcement" change our daily lives without a solution to go with it? It is very unlikely one will be found so the "enforcement" is not worth the paper its written on as it cannot be "enforced". Simpl really these are just the GCs games to try and get us to capitulate to their demands cant you see that the first thing that comes to mind for the warped mindset of some on this forum is that President Talat will lose his right to negotiate on the property issue. Well its time the world stopped giving the GCs false hopes as to date nothing they have done has amounted to much even entering the EU where they expect a solution within days of joining. If after 35 years of dead ends and not even one inch of land, one solider or even one settler being returned it must tell them no one gives a shit about what they demand and we will never capitulate to becoming a minority in a GC state run solely by GCs. We want our guaranteed effective say in any new agreements.


The significance of the ECJ judgement - if it goes the way I expect i.e, confirms the enforceability in EU states of RoC judgments regarding offences/civil torts and breaches committed in northern Cyprus - is precisely that whereas some TCs who were illegal occupiers of GC properties were effective safe from enforcement of RoC judgments if they were living in London or had assets in Germany, now they would not be safe from enforcement. Thus if a GC opts to pursue his/her claim to the full extent and pushes for enforcement of judgment then the 'daily lives of those TCs' in London or Hamburg are most definitely going to be affected. Anybody who has bought and sold a property or who has gone through divorce or who has an employment dispute will know how wearisome and invasive into daily life the legal process can be !

Obviously not all TCs have appropriated GC property but it is undoubtedly true that most ex-pat properties built in the last ten years in northern Cyprus have been built on illegally appropriated GC land. As I said in an earlier post, in my view it is the ex-pats who are the most likely to have claims lodged against them and judgments enforced against them. If this turns out to be the case, I suspect that there will follow a surge of legal actions against estate agents, developers and lawyers (perhaps even government) from ex-pats who have been tricked, conned, lied to, misled about the nature and status of their purchases.

I disagree with you Viewpoint about this being 'GC games'. Sure some GCs may be playing games but this kind of ECJ judgment has effect far, far beyond TCs and GCs. It deal with a basic issue of international law - enforceability of judgment in other jurisdictions. This is not a trivial matter. I'm also sure that some GC efforts in this direction are motivated by efforts to derail Talat or settlement negotiations, but that is a fraction or minor part of the story. Whoever is negotiating, however a settlement is arrived at, whatever the details of that settlement this kind of ECJ judgment will affect TRNC and its economy, politics and daily life.


Sums it up pretty well Copperline.


Yes word perfect.

It's clear that other than, say, to confirm legal title, there is little point in starting an action at the RoC courts for EU-wide enforcement if the illegal occupier doesn't have assets within the reach of national courts in the EU so the alternative route for a remedy of sorts through the ECHR, and there are 1500 cases before the ECHR, will still be open in many more cases with actions against Turkey.
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