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''AN AGREEMENT SHOULD BECOME A PRIMARY LAW OF THE EU''

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''AN AGREEMENT SHOULD BECOME A PRIMARY LAW OF THE EU''

Postby halil » Tue Aug 25, 2009 7:23 am

TRNC Presidential spokesperson Hasan Ercakica has strongly criticized the head of the Greek Cypriot working group on EU matters George Vassiliou for his statement that an agreement to be reached between the two sides on the island cannot become a primary law of the European Union.

Mr Ercakica also rejected the claims by Vasiliou that an understanding has been reached between the Turkish Side and the Greek Cypriot Side on the issue.

The spokesperson told the BRT newsroom that relations between the Cyprus state – to be formed under a political settlement- and the European Union were discussed under the topic of “EU Matters” as part of the negotiation process continuing between the two sides since September last year.

He said Vassiliou – as a member of the Greek Cypriot team taking part in the talks on EU Matters`- witnessed the Turkish side’s insistence on making a possible agreement a primary law of the European Union.

The Spokesperson complained that such attempts, which he said were misleading the public opinion - can only hamper the negotiations process.

Stressing the Turkish Side’s insistence on making an agreement a primary law of the EU, he said `an agreement to be approved by the TUrkish Cypriots and Greek Cypriot peoples at referenda will be meaningless, if it is to be broken by other initiatives`.

Asked to comment on Vasiliou’s claims that there will be no need for the continuation of Turkey’s guarantees as Cyprus is a member of the European Union, Ercakica said “the Greek Cypriot side’s EU membership, which was gained unjustly and unilaterally, can not have a determining force in shaping the talks on the Cyprus question”.

Underlining the need to eliminate the TRNC people’s security concerns in order to bring a solution to the Cyprus problem, he said `the Turkish side has made its decision. We are in favor of maintaining the current system of guarantorship in Cyprus. As the EU will adapt itself to our agreement, this means that it will also respect our decision on the issue of guarantorship”.

Commenting on George Vassiliou’s claims that Turkey used the Treaty of Guarantees to occupy the island, Ercakica said `Turkey used its rights stemming from the treaty ‘only’ to protect the lives and property of the Turkish Cypriots`.

Calling on the Greek Cypriot Side not to distort the truth, he said a solution can be reached in Cyprus if the Greek Cypriots learn lessons from the past.
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Postby DT. » Tue Aug 25, 2009 9:07 am

1) To protect the TC property?
2) Learn lessons from the past...another threat?
3) Primary Law? We would rather collectively jump of kotsirkas than vote the hallucinogenic demands the TC's have in as primary law.
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Postby Sotos » Tue Aug 25, 2009 9:16 am

Are you talking about this "trnc"?

RESOLUTION 541 (1983)

Adopted by the Security Council
on 18 November 1983



The Security Council,

Having heard the statement of the Foreign Minister of the Government of the Republic of Cyprus,

Concerned at the declaration by the Turkish Cypriot authorities issued on 15 November 1983 which purports to create an independent state in northern Cyprus,

Considering that this declaration is incompatible with the 1960 Treaty concerning the establishment of the Republic of Cyprus and the 1960 Treaty of Guarantee,

Considering therefore that the attempt to create a "Turkish Republic of Northern Cyprus", is invalid, and will contribute to a worsening of the situation in Cyprus,

Reaffirming its resolutions 365(1974) and 367(1975),

Aware of the need for a solution of the Cyprus problem, based on the mission of good offices undertaken by the Secretary-General,

Affirming its continuing support for the United Nations Peace-Keeping Force in Cyprus,

Taking note of the Secretary-General's statement of 17 November 1983,

1. Deplores the declaration of the Turkish Cypriot authorities of the purported secession of part of the Republic of Cyprus;

2. Considers the declaration referred to above as legally invalid and calls for its withdrawal;

3. Calls for the urgent and effective implementation of its resolutions 365(1974) and 367(1975);

4. Requests the Secretary-General to pursue his mission of good offices in order to achieve the earliest possible progress towards a just and lasting settlement in Cyprus;

5. Calls upon the parties to cooperate fully with the Secretary-General in his mission of good offices;

6. Calls upon all States to respect the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus;

7. Calls upon all States not to recognise any Cypriot state other than the Republic of Cyprus;

8. Calls upon all States and the two communities in Cyprus to refrain from any action which might exacerbate the situation;

9. Requests the Secretary-General to keep the Security Council fully informed.

Adopted at the 2500th meeting by 13 votes to 1 against (Pakistan) with 1 abstention (Jordan).
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Postby -mikkie2- » Tue Aug 25, 2009 11:50 am

The EU cannot accept as Primary Law provisions that go against the basic principles of the EU. Period!

The only way for something to become Primary Law is for ALL 27 member states to agree to it. In some states this would require referendums. Basically, it would mean Cyrpus will be kicked out of the EU!

The only possibility for the TC's is for some provisions to remain outside EU law for a short period of time, say 3 to 5 years, until the northern part of Cyprus is properly up to speed with EU laws and regulations.

I cannot for the life of me see how the EU could accept provisions that limit the freedom of movement and settlement of Cypriots whilst allowing full freedoms to other EU citizens. This would set a very dangerous precedent for EU law which would not be acceptable.
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Postby Nikitas » Tue Aug 25, 2009 12:34 pm

"Basically, it would mean Cyrpus will be kicked out of the EU! "

NOOOOOO it does not! The draft agreement would be submitted in the same way as the proposed constitution of the EU was submitted to referendum approval in some countries and was rejected. The rejection did not dissolve the EU! It simply cancelled the document and things are back to where they were before the referenda.

Some basic principles on which the EU is foudned are unalterable. This is not getting through to TCs and Turkey.

As for Turkey intervening to protect TCs and their property, it leaves open the question how about GCs and their property? The ECHR, to which all EU members and applicant states must submit, decided otherwise in a series of cases.

There can be no agreement which violates the rights of individuals. Nor can the rights of individuals be overriden by an agreement even if there is a supporting plebiscite. A person cannot be deprived of human rights.

As for the assumption that the EU has to adapt itself to the needs of TCs they have another thing coming. The EU has not adapted itself to the needs of much more powerful and populous states like Poland, it will not change itself for a million Cypriots.
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Re: ''AN AGREEMENT SHOULD BECOME A PRIMARY LAW OF THE EU''

Postby Get Real! » Tue Aug 25, 2009 12:36 pm

halil wrote:Calling on the Greek Cypriot Side not to distort the truth, he said a solution can be reached in Cyprus if the Greek Cypriots learn lessons from the past.

And the Turkish Cypriots remain the same? :lol:
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Postby -mikkie2- » Tue Aug 25, 2009 12:57 pm

Nikitas,

My reference to being kicked out of the EU is if a solution plan is implemented in Cyprus that goes against the basic EU Acquis which Cyprus signed up to. Obviously, if the solution isn't ratified by the EU then the plan can't be part of EU law, but if Cyprus decides to implement it anyway (a highly unlikely scenario) then the only option is for Cyprus to relinquish EU membership.

Basically, TC's and Turkey don't really understand how the EU works and they treat it like an a la carte menu where they pick and choose the things they like and discard anything that they don't. I don't think they really understand that Primary Law would affect the whole of the EU and not just Cyprus.

The only thing that TC's could do is to request for permanent derogations from the Acquis. There are cases where this has happened, such as the case with Malta, where EU citizens are limited in the purchase of land and property on the island due to the sheer lack of land available for the local population. Malta has the highest population density in the EU and as such it is a special case.

Basically EU citizens need to apply for a permit to be able to purchase land in Malta and there are various non-discriminatory rules that need to be followed. The key here is 'non-discriminatory'. In the case of Cyprus, TC's want discriminatory provisions which would be unacceptable.
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Postby Kikapu » Tue Aug 25, 2009 1:29 pm

-mikkie2- wrote:Nikitas,

My reference to being kicked out of the EU is if a solution plan is implemented in Cyprus that goes against the basic EU Acquis which Cyprus signed up to. Obviously, if the solution isn't ratified by the EU then the plan can't be part of EU law, but if Cyprus decides to implement it anyway (a highly unlikely scenario) then the only option is for Cyprus to relinquish EU membership.

Basically, TC's and Turkey don't really understand how the EU works and they treat it like an a la carte menu where they pick and choose the things they like and discard anything that they don't. I don't think they really understand that Primary Law would affect the whole of the EU and not just Cyprus.

The only thing that TC's could do is to request for permanent derogations from the Acquis. There are cases where this has happened, such as the case with Malta, where EU citizens are limited in the purchase of land and property on the island due to the sheer lack of land available for the local population. Malta has the highest population density in the EU and as such it is a special case.

Basically EU citizens need to apply for a permit to be able to purchase land in Malta and there are various non-discriminatory rules that need to be followed. The key here is 'non-discriminatory'. In the case of Cyprus, TC's want discriminatory provisions which would be unacceptable.


I was under the understanding, that EU citizens only need to apply for a job permit from Malta in order to work there and before they move there, which what the derogations was agreed to and not for anyone else who is not seeking a job. If a EU member has enough money and does not need to work, then I'm sure they will be welcomed to live in Malta as long as they bring their money with them. It was to protect the job market for the Maltese, that's all.!
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Postby AWE » Tue Aug 25, 2009 2:31 pm

look up the Aland islands of Finland (there is a small o above the A)
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Re: ''AN AGREEMENT SHOULD BECOME A PRIMARY LAW OF THE EU''

Postby halil » Tue Aug 25, 2009 2:33 pm

halil wrote:TRNC Presidential spokesperson Hasan Ercakica has strongly criticized the head of the Greek Cypriot working group on EU matters George Vassiliou for his statement that an agreement to be reached between the two sides on the island cannot become a primary law of the European Union.

Mr Ercakica also rejected the claims by Vasiliou that an understanding has been reached between the Turkish Side and the Greek Cypriot Side on the issue.

The spokesperson told the BRT newsroom that relations between the Cyprus state – to be formed under a political settlement- and the European Union were discussed under the topic of “EU Matters” as part of the negotiation process continuing between the two sides since September last year.

He said Vassiliou – as a member of the Greek Cypriot team taking part in the talks on EU Matters`- witnessed the Turkish side’s insistence on making a possible agreement a primary law of the European Union.

The Spokesperson complained that such attempts, which he said were misleading the public opinion - can only hamper the negotiations process.

Stressing the Turkish Side’s insistence on making an agreement a primary law of the EU, he said `an agreement to be approved by the TUrkish Cypriots and Greek Cypriot peoples at referenda will be meaningless, if it is to be broken by other initiatives`.

Asked to comment on Vasiliou’s claims that there will be no need for the continuation of Turkey’s guarantees as Cyprus is a member of the European Union, Ercakica said “the Greek Cypriot side’s EU membership, which was gained unjustly and unilaterally, can not have a determining force in shaping the talks on the Cyprus question”.

Underlining the need to eliminate the TRNC people’s security concerns in order to bring a solution to the Cyprus problem, he said `the Turkish side has made its decision. We are in favor of maintaining the current system of guarantorship in Cyprus. As the EU will adapt itself to our agreement, this means that it will also respect our decision on the issue of guarantorship”.

Commenting on George Vassiliou’s claims that Turkey used the Treaty of Guarantees to occupy the island, Ercakica said `Turkey used its rights stemming from the treaty ‘only’ to protect the lives and property of the Turkish Cypriots`.

Calling on the Greek Cypriot Side not to distort the truth, he said a solution can be reached in Cyprus if the Greek Cypriots learn lessons from the past.


“GC SIDE IS TRYING TO CREATE AN ARTIFICIAL AGENDA AT CYPRUS TALKS”

Foreign Minister of the Turkish Republic of Northern Cyprus Huseyin Ozgurgun has accused the Greek Cypriot Administration of trying to create an artificial agenda within the Cyprus negotiations process.

“The Greek Cypriot side hampers the process which needs to be maintained under trust. As long as the Greek Cypriot side continues owning such a stance, our hope to reach an agreement diminishies” he said.

In a written statement, Mr Ozgurgun said the Greek Cypriot side is manipulating the Greek Cypriot public opinion by making false statements regarding the fundamental principles covered within the comprehensive settlement of the Cyprus problem.

In response to the former Greek Cypriot Leader and the head of the Greek Cypriot working group on EU matters George Vassiliou, who earlier said that the Turkish side agreed with the Greek Cypriot side that the resolution agreement of the Cyprus problem will not become a primary law within the European Union, Ozgurgun said “it is the view of the Greek Cypriot side not to make the comprehensive resolution plan a primary law of the EU. The fact that the Turkish side has strongly rejected this view is very well known by all parties concerned, particularly the Greek Cypriot negotiating team”.

“We want the agreement to be EU’s primary law, in order to make sure that it will not be deactivated by any international court and third parties. We want to ensure the permanence of the political agreement” he said.

He explained that the EU is supposed to harmonize the Cyprus political agreement with its Acquis Communautaire and it has already vowed to do so.

Touching upon Vassiliou’s statement that the issue of guarantorship is a matter of the EU and the partnership state to be formed with a settlement will not be in need of the current system of guarantorship, Mr Ozgurgun reminded that the rights of guarantorship in Cyprus were introduced by international treaties and these rights cannot be removed unless all parties concerned reach a consensus on changing the treaties.

“The Greek Cypriot side cannot make a decision on the issue of guarantorship on its own. It can neither forward the issue onto the EU agenda. This is not an issue that the Greek Cypriot side can ask for EU’s help” he stressed.

Foreign Minister Ozgurgun emphasized that the Cyprus Turks will no way say ‘yes’ to an agreement which does not protect Turkey’s guarantorship rights stemming from international treaties.
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