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New complication to a settlement

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New complication to a settlement

Postby james_mav » Sun Oct 04, 2009 5:37 pm

The changes to the constitution of the Republic of Ireland required for Ireland to ratify the Lisbon treaty were approved by Irish voters this weekend, meaning that the last true hold-out for the Lisbon treaty is the Czech Republic (the Polish president has promised to sign on account of the 'yes' vote in the Irish referendum); the Czech president is widely assumed to soon cave.

One important effect of this treaty is that that Charter of Fundamental Rights of the European Union will enter into legal force - this is a different body of law that the European Court of Human Rights presides over (and whose judgments are only voluntarily adhered to), and more importantly, the CRHoEU laws will be legally enforceable across the EU. What immediately comes to mind is that the Republic of Cyprus, as a member state, will now face a review of any Cyprob settlement by the European Court of Justice if for example the human rights of refugees are not adequately respected.

Another issue is that a judgment against any party in a human rights (as opposed to a property rights case) case now must be enforced by all member states. So for example a military commander accused of war crimes against the citizens of an EU member state would not be able to travel within the EU for fear of sharing a jail cell with the likes of Roman Polanski.
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Postby Oracle » Sun Oct 04, 2009 6:49 pm

Jame

Why does this present any "complications"? Surely it's a good thing to have a body with legally enforceable adherence to judgements ...
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Postby Expatkiwi » Sun Oct 04, 2009 6:50 pm

Oracle wrote:Jame

Why does this present any "complications"? Surely it's a good thing to have a body with legally enforceable adherence to judgements ...


True... IF the body is politically neutral and will judge solely on that basis.
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Postby B25 » Sun Oct 04, 2009 7:04 pm

Expatkiwi wrote:
Oracle wrote:Jame

Why does this present any "complications"? Surely it's a good thing to have a body with legally enforceable adherence to judgements ...


True... IF the body is politically neutral and will judge solely on that basis.


Why wouldn't it be?? You are already inferring that it will be anti Turkish, i wonder why?
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Postby Expatkiwi » Sun Oct 04, 2009 9:30 pm

B25 wrote:
Expatkiwi wrote:
Oracle wrote:Jame

Why does this present any "complications"? Surely it's a good thing to have a body with legally enforceable adherence to judgements ...


True... IF the body is politically neutral and will judge solely on that basis.


Why wouldn't it be?? You are already inferring that it will be anti Turkish, i wonder why?


B25, contrary to what you think, I would like to see impartial justice done here. That means decisions NOT distorted by politics or popular displeasure.
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Postby Nikitas » Sun Oct 04, 2009 11:25 pm

In the ECHR a judge from the defendant state sits on the bench.

In the new EU court there will be a mixed panel of judges from several states, which is more than can be said of the US supreme court or any other for minimising
nationalist tendencies.
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Postby Nikitas » Sun Oct 04, 2009 11:28 pm

The vital thing here is that the Lisbon treaty is not simple EU acquis but a fundamental part of the acquis which becomes constitutional in nature and cannot be suject to derogation by any state or applicant. From there on it is obvious that any Cyprus deal must take the treaty into account and be fully in harmony. Things are getting tough for human rights violators.
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Postby Viewpoint » Sun Oct 04, 2009 11:34 pm

Nikitas wrote:The vital thing here is that the Lisbon treaty is not simple EU acquis but a fundamental part of the acquis which becomes constitutional in nature and cannot be suject to derogation by any state or applicant. From there on it is obvious that any Cyprus deal must take the treaty into account and be fully in harmony. Things are getting tough for human rights violators.


Can you not see how it will complicate matters even further? There will be issues like security that we will not be forced into doesnt matter which treaty or aquis you shove in our faces.
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Postby Nikitas » Sun Oct 04, 2009 11:39 pm

VP,

The Lisbon treaty does not affect security as much as properties, establishment and movement. Security is another deal and in another thread it is indicated that Turkey has tied it to the settler issue, although no proof is offered.
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Postby Viewpoint » Sun Oct 04, 2009 11:49 pm

Nikitas wrote:VP,

The Lisbon treaty does not affect security as much as properties, establishment and movement. Security is another deal and in another thread it is indicated that Turkey has tied it to the settler issue, although no proof is offered.


Thats just one example where community feeling will run much higher than any agreement where there is an attempt to force it down peoples throats, they will just rejecy and we will get nowhere....thats why we have to compromise.
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