Hermes wrote:erolz3 wrote:The ruling is not about who's rights are 'paramount' in terms of current users and pre 74 owners as far as I can see and certainly not in the context of a settlement? THe ruling was about enfocment in EU states other than RoC that made orignal ruling.
That is not how the "Bar Council" of the "TRNC" sees it:
“Politics has been mixed into the latest court decision and property rights have been held above all other rights.”
While the Law Office of the Republic also sees the ECJ verdict as having important implications for displaced Cypriot's property rights:
“The ECJ’s ruling allows Cypriot displaced people to defend in an effective manner their property rights against the usurpers of their properties, before civil courts of the Republic”
If you read the ECJ ruling it gives the ultimate say of ownership with the ROC courts and crucially over-rides the "facts on the ground" created by the Turkish invasion:
"The claimant, in reliance on Cypriot legislation to the effect that property rights relating to the northern area subsisted in spite of the 1974 invasion and occupation, brought proceedings for, inter alia, the delivery up of the land, its restoration to its original state, and damages for unlawful possession."
So, of course the ECJ verdict will affect the talks and crucially the outline of a settlement. Why else is the north in such a panic over this verdict?
One of the reasons the Annan Plan was rejected was because of its property provisions effectively asking the G/Cs to pay compensation to refugees for land that had been seized from them by force.
Clearly, not all Greek Cypriot refugees will get their properties back and not all will wish to return, but there has to be a clear acknowledgment of their ownership rights, and some kind of mechanism that recognises their claim to the property even if it does not mean they can live there. There will also need to be an external body to provide compensation equivalent to the value of the land lost.
If the T/C vision of a settlement is one that denies Greek Cypriot's their ownership rights, in order that the Turks get to keep what they obtained by force, then we will get nowhere in the talks. And if all the hysteria in the north about this verdict is anything to go by, then T/Cs are apparently not so much interested in justice or freedom but see the aim of the talks as to hang on to their ill-gotten gains. This is pretty squalid if you ask me and will deservedly get them nowhere.
TCs have always acknowledged the right of GCs to their properties in the context of a comprehensive solution. We have always supported the GCs get return of land where possible, where not financial compensation at current day values or alternatively be offered TC land surrendered in the south. The important issues for us are BBF with a balanced and guaranteed power sharing structure.
Hermes are you Oracle? Please anwser honestly.