Piratis wrote: Bill, the Orams case is a precedent not just for foreigners but for TCs as well. The TCs apart from possible assets in other EU countries may also have assets in the free areas of Cyprus. In fact it is much easier going after a TC than going after a foreigner (although the ECJ ruling made the prosecution of EU citizens quite easy as well)
This is essentialy right. The most imporant part of the whole Orams case in my view was the ECJ determination over the interpretation of Article 10. My understanding is that their view was that EU acquis is suspended in the North, but not in relation to the north. This has massive implcations imo and was an is essentialy the 'new' thing that has come from the Orams case.
Piratis wrote:The government doesn't want cases against TCs just yet because they are trying to show as much goodwill to TCs as possible, but I think that if there is no solution soon this goodwill will run out sooner or later.
Here is where I differ from Piratis. I think the RoC is extremly cautious about itself bringing cases against indivduals or entities in the North not because of 'goodwill' but because it understands and recognises the reality that what happens in law courts and how it as a government uses such litigation also has a political dimension. I think it is also concerned at mass actions being brought by indivduals for the same reasons.
I think they are concerned for example that attempts to use mass numbers of prosecutions against tourists for tresspass for short periods of time and then demanding that other EU courts enforce judgment for payments of tiny amounts of money could create a political backlash and be seen by many as frivolus and exploitation of EU laws.
Similarly any large scale attempts by the RoC government to bring prosecutions, both criminal and civil against indivduals within the TC community would have to impact on how the rest of the world considers the sincereity of the RoC in regards to its commitments to finding an agreed settlement.
At the moment there is a political 'game' being played in terms of the ongoing negotiations, with both sides trying to create an impression that they are negotiating in good faith and the other side is to blame for failure to reach an agreement. Any large scale action against TC indivduals by the RoC government itself would have an impact on this game being played and the RoC government knows this.
Piratis wrote:Another thing that can force the government to go after TCs is if a lot of TCs in the occupied areas who received and exploited GC properties start coming to the free areas demanding their own properties back. If such cases are few then the RoC might not respond, due to the goodwill reasons I talked about above. But if such cases become more, then you should be sure that RoC will not allow such "double dipping" and such a TC coming to demand his own property back will be sued himself the next day for far greater amounts.
I personally think this whole 'issue' of double dipping is a chimera. The fact is that doubble dipping is illegal under both RoC law and TRNC law and would be seen as so by courts like the ECHR as well. It is actualy trivial to show if a TC was assigned land in the North by the TRNC in exchange for their rights to their land in the south. Any cypriot that attempted such double dipping would be a pariah in both communites north and south. Everyone north and south and externaly would see double dipping as fraud and treat those attempting to carry it out as such. Of course a modicum of coperation between RoC and the TC leadership in the north on this issue could make it entirely trivial rather than largely trivial to catch those attempting it but that does not exist atm.
