erolz3 wrote:Hi to all those that know me
Not sure if I will be allowed to continue to post on this 'bastion of free speech' or not but 'ill give it a go.
First off congratulations to Mr. Apostolides on this legal victory in the ECJ.
What I would like to comment on is how this decision by the ECJ is going to impact the ongoing negotiations re a comprehensive settlement.
I realise that some of you hope and believe that it will help such a process, strengthening the hand of the GC negotiators and forcing greater compromise from TC and Turkey. I am afraid that I do not share such an optimistic view.
I think it is inevitable that this ruling will encourage the GC negotiators to seek greater and greater concessions from the TC side and encourage them to pursue a strategy of little to no compromise and delay whilst they seek to increase external pressure through subsequent cases like the Orams. Whilst such an approach has a chance of leading to 'capitulation' by the TC negotiators, I think that chance is tiny in reality and even if it did result in such I think all we will end up with is an agreement that the TC people will simply be unwilling to endorse. In short I think as far as negotiations for a comprehensive settlement go this ruling has now put us right back to the worst days of post 74 in this regard. This is a worry to me as someone who wants us to achieve a settlement.
I really am concerned at what the ultimate consequences of this judgment are going to be. I think the ramifications of it are massive and go way beyond just the property issue. I hope I am wrong but I fear it may lead us into a level of distrust and non physical conflict between the two communities the likes of which we have not seen for decades. It seems to me that we will over time see ever increasing attempts to use RoC court rulings to 'attack' those in the North, be they Cypriot or non Cypriot and not just individuals but also businesses and corporate entities. We will I fear see cases brought in the RoC against say banks operating in the North 'illegally for example, seeking to get judgments in RoC courts that can then be enforced against these TRNC banks assets in the EU. That is just one example but as far as I understand this ruling I can envisage countless others. Lets face it the RoC considers pretty much everything and anything that goes on in the North as 'illegal' and thus the potential for civil suits brought in the RoC against almost anything done in the North could be possible.
If this kind of increasing legal 'attack' by individuals in the RoC and the RoC itself against those in the North does come to pass then I think there are two possible outcomes. Essential capitulation by TC community to GC demands re a settlement or eventual annexation of the North by Turkey, regardless of her current EU aspirations. I think the latter is ultimately the more probable. I do not want this at all but I fear that there will be little other option if the RoC seeks to use this ECJ ruling and its own EU membership to destroy the ability of the TRNC to function rather than negotiate on a basis of mutual compromise and give and take. What makes this all the more risky is that it is essentially out of the control of the RoC government directly. Even if it were to try and continue to negotiate in good faith on a basis of mutual compromise, it will not be able to prevent individuals in the RoC seeking more and more legal actions against those in the North and nor will it be able to convince its population to support any solution short of near maximal demands if they believe they can 'crush' the TRNC through such legal avenues.
In short my big fear is that the EU has in effect finally destroyed any realistic chance of a settlement in Cyprus, having undermined it originally by agreeing to RoC accession before a settlement in the first place.
Maybe I am being overly pessimistic and am taking too much of a knee jerk reaction to this ruling. I accept this is possible. Maybe the Cyprus and the situation here will really be little different post this ruling than pre it. All I can see at the moment is increasing failure in negotiations, with increasing legal attacks against the North via RoC court judgments, leading to increasing acrimony between the communities and causing increasing tension between Turkey and the EU until Turkish accession talks finally break down totally. Such a scenario in my view can not be good for any Cypriots of any background and geographical location.
I also have to say on a personal level as an individual I am bitterly disappointed in the EU. I had hopes that it could have been an aid to finding a solution in Cyprus, even after agreeing to accession of the RoC without a settlement. Now however it it seems to me that the EU is in fact a major if not the biggest obstacle to finding a lasting solution in Cyprus for all Cypriots. I also feel aggrieved that it seems the EU is saying to me as an individual citizen that I can be held liable for any acts of mine in the North the RoC deems are illegal under EU law, yet can have none of the protections of EU law in the North. In short it seems to be saying to me as an individual I can have all of the liabilities of EU law and none of the benefits or protections, which frankly feels like a 'fuck you' approach.
One of the consequences of this judgement is the end of property sales to Brits and other EU citizens in the areas of the RoC in which the RoC does not exercise effective control .
Another monumental and very profound judgement statement is that the EU clearly sees the events of 1974 as the invasion of Cypriot territory by the Turkish army and the continued military occupation of part of Cyprus.
To suggest that the EU is wrong and that the occupying power is right is absoluletely laughable. The northern part of Cyprus is under the occupation of Turkey who has altered the demographics of the region by forcing more than 160 thousand inhabitants to leave replacing them with settlers from Turkey.
You say that you are bitterly disappointed with the EU , is it because it has refused to accept illegalities and to this day reaffirms that the northern part of Cyprus is very much the property of the RoC ?
The T/Cs , those that still support the Turkish occupation , will have to make a choice , either the remain the pariahs of the international community or they become a part of Europe , to do so Turkey must be sent a clear message by the T/Cs that they want a solution based on the legalities on which the EU and the UN are built upon .
As for your statement that you can be held liable for any acts of yours in the North the RoC deems are illegal under EU law, whats wrong with this. The EU recognises and reaffirms that the RoC is the only legitimate entity in Cyprus , the whole world agrees apart from the occupying power .
Turkey has an obligation to the Turkish Cypriots , Cypriots that she wants annihilated , Cypriots that she wants to absorb and make extinct. Well mate the International community starting with the EU on whose land the occupying army controls the people is having none of it.
The most important development as a result of this judgement is the permanent END of the sale of stolen immovable properties to opportunist Brits and other EU citizens.
I share your concern of the effects on the negotiation process currently taking place , this judgement will have. A reassessment of the Turkish position must now take place as a matter of urgency based on the firm conclusion of the EU , as contained in the judgement , that Turkey is occupying land on EU soil .
Finally you state that "RoC considers pretty much everything and anything that goes on in the North as 'illegal' "
You hit the nail on the head here . The RoC along with the entire world sees the "trnc" as a breakaway regime sustained by the occupying forces and involved in activities such as the sale of properties as in the Orams case which the EU finds "illegal" .
It should not surprise you that the EU bases its judgement on the rule of law .
May I also add that by emphasizing that the indigenous to Cyprus T/Cs , are equal and full citizens of the RoC have exactly the same rights as any other EU citizen.
Their properties under the control of the RoC ARE THEIR PROPERTIES .
The courts of the RoC guarantees that they are theirs and the EU ensures that such guarantees are legal. No Brit can purchase land that belongs to a T/C without the owners consent.