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Non-EU buyers not safe from long arm of ECJ ruling

How can we solve it? (keep it civilized)

Postby The Cypriot » Sun May 03, 2009 8:46 pm

Viewpoint wrote:
The Cypriot wrote:
Viewpoint wrote:Let the TC counter claims begin, the discrimination of the GC courts in the south will take them to the ECHR everytime they make a judgements linking the TCs property in the south to a comprehensive solution. Viva la legal system.


I agree. Let the rule of law apply equally throughout Cyprus.


Do you support that your courts link TC claims to their properties to find a solution rather than giving them restitution or compensation now?


They are not my courts, they are the courts of the Republic of Cyprus; their jurisdiction across the whole island is curtailed by Turkey's continued military intervention in the north. This may affect their judgements in a way that some may believe is unfair, in which case there are higher European courts that can be appealed to.

All Cypriots' claim to their rightful properties must be respected and I support this. Do you support this or are you only interested in TCs and their rights?
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Postby YFred » Sun May 03, 2009 11:41 pm

CBBB wrote:
YFred wrote:
bill cobbett wrote:
Viewpoint wrote:
The Cypriot wrote:
Viewpoint wrote:Let the TC counter claims begin, the discrimination of the GC courts in the south will take them to the ECHR everytime they make a judgements linking the TCs property in the south to a comprehensive solution. Viva la legal system.


I agree. Let the rule of law apply equally throughout Cyprus.


Do you support that your courts link TC claims to their properties to find a solution rather than giving them restitution or compensation now?


Any property owner has the right to enjoy their property.

Would you agree with this sentence VP?

Please explain how that works in the RoC when a GC applies for their property it leads to EU courts and when a TC applies he gets not until the solution. Is this the new EU way?


I seem to think a number of TCs have been given their property back in the RoC when they had lived here for 6 months.

How many have not been given their ancestral land back?
What kind of a law is that? Why do you have to live there to get your land back? You seemed to be very selective as to when people are allowed to have their land back when it’s in the south.
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Postby Viewpoint » Mon May 04, 2009 12:30 am

bill cobbett wrote:
Viewpoint wrote:
The Cypriot wrote:
Viewpoint wrote:Let the TC counter claims begin, the discrimination of the GC courts in the south will take them to the ECHR everytime they make a judgements linking the TCs property in the south to a comprehensive solution. Viva la legal system.


I agree. Let the rule of law apply equally throughout Cyprus.


Do you support that your courts link TC claims to their properties to find a solution rather than giving them restitution or compensation now?


Any property owner has the right to enjoy their property.

Would you agree with this sentence VP?


Yes under normal circumstancies but we have a very complex situation here with the reality that the island is divided, you avoided my question do you agree that the sourts in the south are discriminative in ruling demolition and compensation to a GCs and wait till a solution in the case of a TC?
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Postby Raymanoff » Mon May 04, 2009 1:42 am

By the way Russia has got judicial enforcement agreement with most of the EU states except France. So the ruling will affect Russian buyers aswell...
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Postby askimwos » Mon May 04, 2009 8:16 am

VP you are wrong in saying that the RoC courts are discriminitive against TC. There have been cases where GC refugees have been evicted from TC peoperties in order for these to be returned to their rightful owners. The six month clause was set in order to ensure no double dipping takes place.
Now tell me that this is not fair, but hey please use constructive arguments and not bs..
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Postby YFred » Mon May 04, 2009 12:08 pm

askimwos wrote:VP you are wrong in saying that the RoC courts are discriminitive against TC. There have been cases where GC refugees have been evicted from TC peoperties in order for these to be returned to their rightful owners. The six month clause was set in order to ensure no double dipping takes place.
Now tell me that this is not fair, but hey please use constructive arguments and not bs..

What a fair system that is probably thought out by a local shepherd.

It's very easy to prove double dipping. When the esdeger system was created, people could not get an GC land unless they surrendered their deeds to their land in the south. You can prove double dipping very easily. Just ask for the deeds to be produced because the double dippers will not have them.

I suspect there are other reasons for that rule as most TCs have no intention to moving south, hence they will not be able to claim their land. Another shining example of a EU country practicing 16th century mentality and racism to go with it.

Can you explain how in the RoC it takes 3 years and still unable to prove the validity of a EU TC Citizens kotchans are valid or not. Did they send the validater on a donkey to the poles and back, because if they did, even then it would have been done by now.
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Postby askimwos » Mon May 04, 2009 12:21 pm

YFre, I can understand your frustration and where this comes from, however, you need to also understand that unlike what has been going on in the north, the RoC chose to safeguard the TC properties by putting them under the administration of the "TC Property Committee"...
No matter how much you whine and shout, there are standard procedures (red tape) that need to be followed in order for a TC to have his property returned. As a Cypriot citizen you can always sue the RoC in order to prove that this particular "six month" clause is racist or whatever you want to call it.
However, at the same time you have to be prepared to accept any other charge that the RoC can bring against you in the event that you have your property returned but failed to inform the court that you have been given/and maybe sold to foreigners any GC property in the north.
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Postby YFred » Mon May 04, 2009 12:28 pm

askimwos wrote:YFre, I can understand your frustration and where this comes from, however, you need to also understand that unlike what has been going on in the north, the RoC chose to safeguard the TC properties by putting them under the administration of the "TC Property Committee"...
No matter how much you whine and shout, there are standard procedures (red tape) that need to be followed in order for a TC to have his property returned. As a Cypriot citizen you can always sue the RoC in order to prove that this particular "six month" clause is racist or whatever you want to call it.
However, at the same time you have to be prepared to accept any other charge that the RoC can bring against you in the event that you have your property returned but failed to inform the court that you have been given/and maybe sold to foreigners any GC property in the north.

Thanks for the understanding, but unfortunately we don't have the limitless finances to take on a government. I congratulate you if you feel that taking 3 years to validate a kotchan is red tape, I would say its more blue. Let’s not blame the Turks for that one. :wink: :wink: :wink:

However we agree, if anybody takes GC land in the north and then claims land in the south deserves to go to prison.
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Postby askimwos » Mon May 04, 2009 12:33 pm

Just to add to the above post, I think it is about time that TCs accept that rights come alongside obligations... I am afraid that the young generation of TCs has been brought up in an environment and in a culture that enbedded in their minds that they only have rights but no obligations. A TC so far can claim that:
a) he is a Turkish cititzen as he posseses a RoT passport
b) he is a Cypriot cititzen and hence an EU citizen as he posseses a RoC passport
c) he is a "trnc" citizen as he posseses a "trnc" passport

He can also claim:
a) that he is a owner of "exchange" land in the north
b) that he is the owner of TC land in the south

All the above contradict each other, you cannot choose and pick according to what suits you and really its a pity that the young TC generation is brought up in such a culture.
With the above said I do not mean that all the cases are the same as I have quite a few TC friends that are decent and honourable people. However, in my discussion with my TC friends it was obvious that this is one of their main concern about the dynamics in the TC community..

PS: YFred 3 years for the issuing of a kochan is the norm in RoC and believe me its all red tape (well and inefficiency of the Civil Service) and nothing more. I bought my flat in 2006 and still waiting for the title deeds..
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Postby YFred » Mon May 04, 2009 2:34 pm

askimwos wrote:Just to add to the above post, I think it is about time that TCs accept that rights come alongside obligations... I am afraid that the young generation of TCs has been brought up in an environment and in a culture that enbedded in their minds that they only have rights but no obligations. A TC so far can claim that:
a) he is a Turkish cititzen as he posseses a RoT passport
b) he is a Cypriot cititzen and hence an EU citizen as he posseses a RoC passport
c) he is a "trnc" citizen as he posseses a "trnc" passport

He can also claim:
a) that he is a owner of "exchange" land in the north
b) that he is the owner of TC land in the south

All the above contradict each other, you cannot choose and pick according to what suits you and really its a pity that the young TC generation is brought up in such a culture.
With the above said I do not mean that all the cases are the same as I have quite a few TC friends that are decent and honourable people. However, in my discussion with my TC friends it was obvious that this is one of their main concern about the dynamics in the TC community..

PS: YFred 3 years for the issuing of a kochan is the norm in RoC and believe me its all red tape (well and inefficiency of the Civil Service) and nothing more. I bought my flat in 2006 and still waiting for the title deeds..

Sorry, you misunderstood what I said. 3 years is not for issuing a kochan, its for checking that it exists.
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