Cyprus-Forum.com

[DT.]

If this judgement does anything else Bananiot it at the very least explains a few of our compatriots who were eager to negotiate away Primary Law and the right that it gives us and our properties in the WHOLE of Cyprus.

The Annan Plan would have made this judgement impossible while 80% of our refugees waited around for 7 years till some committee would decide that they'd receive compensation with a decades old Market Value (not in cash)

The other 20% would have waited for Turkey to honour its signature.

DT,
I don't agree with the bit I've highlighted. The Annan Plan would not have been superior to or displaced EU law or ECHR and therefore even if it had been implemented cases such as Apostilides v Orams could still have been pursued. In fact had the Annan Plan been implemented then there would have been no need for Apostiledes to have gone to the ECJ since the whole of post Annan Cyprus would have been subject to the acquis

Copper, if you remember Bananiots ramblings about a story that broke out a while ago about Tpap's chance to gain Karpasia....well the deal was that if Tpap had given up on Primary law then he might have received Karpasia. Turns out that Karpasia not only was not taken but primary law derogations were included by Annan in the final plan.

Agreed, but this cuts to the heart of the matter. Can a political settlement trump compliance with human rights law ? My answer is no. For example, supposing you are the original title holder to a piece of land in Morphou and the terms of a political settlement resulted in that land being transferred to the authority and ownership of your nemesis; the result of the settlement would be that you were still deprived of your right to enjoy your property. Immediately there is a justiciable human right breach.

Not if a country's constitution opts out of these rights. Otherwise why is Talat still asking for derogations from the 3 freedoms?

[miltiades]

There once were two Brits called Oram
Who... on land going cheap chanced their arm.
But justice was done
When the refugee won
Which now means the land is haram.

(And the shit in the north's hit the fan!)

I'll second that, thats very good re Kibreo.

Thanks, guys..... couldn't have happened to a nicer couple of muppets!

Whatever, these guys mad a huge mistake and they may pay heavily, I think we should be a bit more civil and remember there's gullible greedy people everywhere, even Greek Cypriots! The real crooks here are the administration in the north, who on the one hand say they want peace, but on the other sell land that does not belong to them, but to the people they claim to want peace with. It's just all phoney really.

Always admired your sensible approach to things Eraclis and always respected your cool and sensible approach , you have my respect .

[Get Real!]

My attempt...

“There were once two fat Brits called the “Orams”,
who spitefully built with no kochans!

The courts then decided that the rules weren’t abided,
and the shit hit the fan on the forums!”

[miltiades]

GR, get the photoshop out again mate, we could make a killing here.....

Photoshop? I've got even better... Ms Paint!

Ms Pain? - Is that a new code name for Horakill when its the wrong time or something?

YFred... I sussed you out from your very first thread

Like "MR-from-NG" ( ) ... you have made a "killing" in the north, from illegally acquiring and selling GC properties ...

You shall be exposed!

Oracle , you know nothing about MR-from-NG , I object strongly to your comments about a man that I call a friend that I have come to know as a decent Cypriot. Kindly withdraw your comments concerning a man that you know FA about . He has a family that he cares deeply for and respects those that respect him .

What you see and what reality presents ... are two different things, my obfuscated spitting cobra!

I dont think you heard right woman. I said that MR-from-NG is a friend of mine , any insults against a friend of mine will force me to resort in rebuking the "insulter" in your case the "insulteress" with highly inexorable contemptuous nefarious utterances. Please dont make me do it , just say sorry woman.

Make me ....

Have just PMed you , dont go making it public now, as you are in the habit of doing so .!

[CopperLine]

my predictions are that this will either speed up negotiations, now we are clear on who owns land and property - or at the behest of Turkey the negotiations collapse as a protest at the judgement. There's been no response from Turkey or the client state so far....we may see the latter?

Turkey is not going to protest the judgment because it can't protest the judgment. First it has no formal standing in the case. Second even it had standing what argument could Turkey make ? That it doesn't accept the ECJ ? No, it continues to want EU membership. That it really is the administration of northern Cyprus and not TRNC ? No, this would be the denial of the Turkish claim since 1983.

Yes there may be some quick press briefings and diplomatic whinging about the ECJ judgment, but I wouldn't expect anything substantial to change.

[Raymanoff]

Euronews mentioned this in their main news bulletin right after the swine flu.

[bill cobbett]

O yeros O bou din Lapithos
Ebasen don exipno
....ebasen don exipno
Mbiren don o Apostolides ombrosta tou thikasti
....ombrosta tou thikasti
J....ai affisen don alivragotos
....j'affisen don alivragotos

[Get Real!]

O yeros O bou din Lapithos
Ebasen don exipno
....ebasen don exipno
Mbiren don o Apostolides ombrosta tou thikasti
....ombrosta tou thikasti
J....ai affisen don alivragotos
....j'affisen don alivragotos

A Charlie Tsatisto!

[CopperLine]

If this judgement does anything else Bananiot it at the very least explains a few of our compatriots who were eager to negotiate away Primary Law and the right that it gives us and our properties in the WHOLE of Cyprus.

The Annan Plan would have made this judgement impossible while 80% of our refugees waited around for 7 years till some committee would decide that they'd receive compensation with a decades old Market Value (not in cash)

The other 20% would have waited for Turkey to honour its signature.

DT,
I don't agree with the bit I've highlighted. The Annan Plan would not have been superior to or displaced EU law or ECHR and therefore even if it had been implemented cases such as Apostilides v Orams could still have been pursued. In fact had the Annan Plan been implemented then there would have been no need for Apostiledes to have gone to the ECJ since the whole of post Annan Cyprus would have been subject to the acquis

Copper, if you remember Bananiots ramblings about a story that broke out a while ago about Tpap's chance to gain Karpasia....well the deal was that if Tpap had given up on Primary law then he might have received Karpasia. Turns out that Karpasia not only was not taken but primary law derogations were included by Annan in the final plan.

Agreed, but this cuts to the heart of the matter. Can a political settlement trump compliance with human rights law ? My answer is no. For example, supposing you are the original title holder to a piece of land in Morphou and the terms of a political settlement resulted in that land being transferred to the authority and ownership of your nemesis; the result of the settlement would be that you were still deprived of your right to enjoy your property. Immediately there is a justiciable human right breach.

Not if a country's constitution opts out of these rights. Otherwise why is Talat still asking for derogations from the 3 freedoms?

DT,
I'm going now, but a quick answer might be that Talat's mistaken in what he's trying to negotiate !

[bill cobbett]

If this judgement does anything else Bananiot it at the very least explains a few of our compatriots who were eager to negotiate away Primary Law and the right that it gives us and our properties in the WHOLE of Cyprus.

The Annan Plan would have made this judgement impossible while 80% of our refugees waited around for 7 years till some committee would decide that they'd receive compensation with a decades old Market Value (not in cash)

The other 20% would have waited for Turkey to honour its signature.

DT,
I don't agree with the bit I've highlighted. The Annan Plan would not have been superior to or displaced EU law or ECHR and therefore even if it had been implemented cases such as Apostilides v Orams could still have been pursued. In fact had the Annan Plan been implemented then there would have been no need for Apostiledes to have gone to the ECJ since the whole of post Annan Cyprus would have been subject to the acquis

Copper, if you remember Bananiots ramblings about a story that broke out a while ago about Tpap's chance to gain Karpasia....well the deal was that if Tpap had given up on Primary law then he might have received Karpasia. Turns out that Karpasia not only was not taken but primary law derogations were included by Annan in the final plan.

Agreed, but this cuts to the heart of the matter. Can a political settlement trump compliance with human rights law ? My answer is no. For example, supposing you are the original title holder to a piece of land in Morphou and the terms of a political settlement resulted in that land being transferred to the authority and ownership of your nemesis; the result of the settlement would be that you were still deprived of your right to enjoy your property. Immediately there is a justiciable human right breach.

Not if a country's constitution opts out of these rights. Otherwise why is Talat still asking for derogations from the 3 freedoms?

Copper old chap what d'you make of this...

All EU nations have implemented the Universal Decleration of Human Rights as have practically every other nation inc Tr.

How can derogations be permissable in legislation that is Universal?