Cyprus-Forum.com

[Anglo]

But no Euro Arrest Warrant can be issued and enforced and no GC court rulings can be enforced in the UK. So what other avenues are there?

[Kifeas]

But no Euro Arrest Warrant can be issued and enforced and no GC court rulings can be enforced in the UK. So what other avenues are there?

Who said no RoC court rulings can be adopted by British courts and also enforced in the UK? Except you of course and some paid lawyers of the "TRNC."

[Anglo]

No, according to EC Council Regulation No 44/2001 in Articles 22 & 34 in relation to domicility and public policy.

And according to the Council of Europe's Convention for the Protection of Human Rights and Fundamental Freedoms in Articles 2(2), 2(4) and 4(7b)

[Kifeas]

No, according to EC Council Regulation No 44/2001 in Articles 22 & 34 in relation to domicility and public policy.

And according to the Council of Europe's Convention for the Protection of Human Rights and Fundamental Freedoms in Articles 2(2), 2(4) and 4(7b)

Can you provide the appropriate links to the above? Then I will be able to understand what you are talking about and also comment on it.

[Anglo]

Sorry, here you are -

http://www.eupro.co.uk/docs%20pdf/EU%20 ... cement.pdf

and

http://www.eupro.co.uk/docs%20pdf/Europ ... rights.pdf

[Kifeas]

No, according to EC Council Regulation No 44/2001 in Articles 22 & 34 in relation to domicility and public policy.)

EC Council Regulation No 44/2001, Article 22
The following courts shall have exclusive jurisdiction, regardless of domicile:
1. in proceedings which have as their object rights in rem in
immovable property or tenancies of immovable property,
the courts of the Member State in which the property is
situated.

However, in proceedings which have as their object
tenancies of immovable property concluded for temporary
private use for a maximum period of six consecutive
months, the courts of the Member State in which the
defendant is domiciled shall also have jurisdiction,
provided that the tenant is a natural person and that the
landlord and the tenant are domiciled in the same Member
State;
2. in proceedings which have as their object the validity of
the constitution, the nullity or the dissolution of
companies or other legal persons or associations of natural
or legal persons, or of the validity of the decisions of their
organs, the courts of the Member State in which the
company, legal person or association has its seat. In order
to determine that seat, the court shall apply its rules of
private international law;
3. in proceedings which have as their object the validity of
entries in public registers, the courts of the Member State
in which the register is kept;
4. in proceedings concerned with the registration or validity
of patents, trade marks, designs, or other similar rights
required to be deposited or registered, the courts of the
Member State in which the deposit or registration has been
applied for, has taken place or is under the terms of a
Community instrument or an international convention
deemed to have taken place.
Without prejudice to the jurisdiction of the European
Patent Office under the Convention on the Grant of
European Patents, signed at Munich on 5 October 1973,
the courts of each Member State shall have exclusive
jurisdiction, regardless of domicile, in proceedings
concerned with the registration or validity of any European
patent granted for that State;
5. in proceedings concerned with the enforcement of
judgments, the courts of the Member State in which the
judgment has been or is to be enforced.

EC Council Regulation No 44/2001, Article 34
A judgment shall not be recognised:
1. if such recognition is manifestly contrary to public policy
in the Member State in which recognition is sought;
2. where it was given in default of appearance, if the
defendant was not served with the document which
instituted the proceedings or with an equivalent document
in sufficient time and in such a way as to enable him to
arrange for his defence, unless the defendant failed to
commence proceedings to challenge the judgment when it
was possible for him to do so;
3. if it is irreconcilable with a judgment given in a dispute
between the same parties in the Member State in which
recognition is sought;
4. if it is irreconcilable with an earlier judgment given in
another Member State or in a third State involving the
same cause of action and between the same parties,
provided that the earlier judgment fulfils the conditions
necessary for its recognition in the Member State
addressed.

And according to the Council of Europe's Convention for the Protection of Human Rights and Fundamental Freedoms in Articles 2(2), 2(4) and 4(7b)

Europe's Convention for the Protection of Human Rights and Fundamental Freedoms, Section I – Rights and freedoms, Article 2 – Right to life
1 Everyone's right to life shall be protected by law. No one shall be
deprived of his life intentionally save in the execution of a sentence of a
court following his conviction of a crime for which this penalty is provided
by law.
2 Deprivation of life shall not be regarded as inflicted in contravention of this
article when it results from the use of force which is no more than
absolutely necessary:
a in defence of any person from unlawful violence;
b in order to effect a lawful arrest or to prevent the escape of a person
lawfully detained;
c in action lawfully taken for the purpose of quelling a riot or
insurrection.

Europe's Convention for the Protection of Human Rights and Fundamental Freedoms, Article 4 – Prohibition of slavery and forced labour
1 No one shall be held in slavery or servitude.
2 No one shall be required to perform forced or compulsory labour.
3 For the purpose of this article the term “forced or compulsory labour” shall
not include:
a any work required to be done in the ordinary course of detention
imposed according to the provisions of Article 5 of this Convention or
during conditional release from such detention;
b any service of a military character or, in case of conscientious
objectors in countries where they are recognised, service exacted
instead of compulsory military service;
4
c any service exacted in case of an emergency or calamity threatening
the life or well-being of the community;
d any work or service which forms part of normal civic obligations.

Here you are! These are the articles, which, as you said, do not allow the enforcement of RoC court rulings in the UK.

Can you explain to me how do you analyse and evaluate each one of these articles so that the rulings cannot be adopted in the UK?

[Kifeas]

Anglo! What happened to our conversation?

[MicAtCyp]

No, according to EC Council Regulation No 44/2001 in Articles 22 & 34 in relation to domicility and public policy.

And according to the Council of Europe's Convention for the Protection of Human Rights and Fundamental Freedoms in Articles 2(2), 2(4) and 4(7b)

Anglo, did you take the time to read those articles? Did you understand them? I really doubt you did any of the two.
For someone who is naive is quite natural to be ridiculous. However it's the first time I met someone becoming " ridicule d'une maniθre sophistiquιe"

[MicAtCyp]

He has nothing to say Kifeas.
ridicule d'une maniere sophistiquee

[Anglo]

Put your handbags away - I can't be online 24/7.

You're right the links I provided don't all make total sense - I will try to dig out the correct ones

But the one from the Council for the Protection of Human Rights makes sense if you view Article 7

And Article 34 in the Council Regulation 44/2001 is self explanatory with regard to public policy ie that a UK court will not uphold court judgements that contradict UK government policy - that is support for a comprhensive negotiated settlement along the line of the the UN (Annan) Plan.

Voila mes amis! Bon Appetit.