Cyprus-Forum.com

[bill cobbett]

Go to the IPC in the TRNC.

No mate, if you'd only read the article. Let me explain it to you...

The ECHR has reaffirmed the fairness and legitimacy of the Courts of the Republic.

So in a great many cases, even where the current trespassers claim to be "users" the course of action isn't to a Scam Commission, it's to the Courts of the Republic and then in cases where the trespasser is an EU national, on to the Courts of Member States for Enforcement Orders as per the Orams matter.

Mr Candounas and his teams in Nic and here in London are back in business.

Regards to any Trespassing CarpetBuggerers in places like Karmi.

[Acikgoz]

Big difference however in the ECHR decision to give right to the existing users, new point of law to be debated in GC courts, then appealed at ECJ with ECHR arguments.

This was what didn't make sense personally (non expert) that the ECHR would undermine the GC courts else it would undermine all courts in EU

[bill cobbett]

Big difference however in the ECHR decision to give right to the existing users, new point of law to be debated in GC courts, then appealed at ECJ with ECHR arguments.

This was what didn't make sense personally (non expert) that the ECHR would undermine the GC courts else it would undermine all courts in EU

Acikoz... it's very simple .... the echr is there as a final court of appeal on matters of a set of human rights, the articles in the HR Convention, a court that is, RIGHTLY for it to be effective, independent of any national governments, national institutions.

So it foolows that it will and does decide every working day that national courts have got it wrong and also in other cases that national courts have got it right.

So it doesn't "undermine" or support national courts, it looks at individual applications and decides on the individual merits or otherwise of each case before it.

In the case of the Orams the ECHR has decided after listening to the evidence that they got a fair trial in the Nicosia Court and paid no attention to any argument they may have put forward that as they are current "users" of land, the ECHR should come down on their side.

Telling you mate... and know you won't listen... Mr C is encouraged, so wouldn't want to be in the shoes of those CarpetSquatters over in Karmi and elsewhere.

[Acikgoz]

Bill, the issue was whether they had a fair hearing, it was the process of the law, not the point of law.

It encourages Mr C as it underlies the method adopted by GC courts, not the points of law.

This would have been bonanza news if it was an overturn of the ECHR ruling on point of law. I am listening and I do understand why Mr C is encouraged, this is not however a turn the issue on its head a la ECJ Orams, wouldn't you agree .....

[bill cobbett]

Bill, the issue was whether they had a fair hearing, it was the process of the law, not the point of law.

It encourages Mr C as it underlies the method adopted by GC courts, not the points of law.

This would have been bonanza news if it was an overturn of the ECHR ruling on point of law. I am listening and I do understand why Mr C is encouraged, this is not however a turn the issue on its head a la ECJ Orams, wouldn't you agree .....

Acikoz, in many CarpetScrewing quarters there was a false hope that the "user/home" argument in the ECHR/IPC decision back in March would help them out of the thieving hole they had dug for themselves. This decision has shown just how false a hope it was. The hope being the "user/home one.

Now none of us have seen the application or the ECHR ruling but suspect Mr C has and he says...

He said the important aspect of this ruling was that the court found it was the right decision by the Cypriot court despite the couple being users of the property.

[Acikgoz]

Guess I will need to see more details before forming an opinion then.

[bill cobbett]

Guess I will need to see more details before forming an opinion then.

Always nice to see original docs.

[Viewpoint]

Bill why arent the number of cases increasing? Let see the GCs do even more damage to tbe current situation i think its high time the grew some balls and carried out their empty threats.

[Malapapa]

Bill why arent the number of cases increasing? Let see the GCs do even more damage to tbe current situation

Even more damage? What do you mean? We all know the talks process is a facade going nowhere. How can anything legal that free Cypriots do make matters worse?

i think its high time the grew some balls and carried out their empty threats.

Me too. Enough bullshit. Take all the trespassing carpetbaggers to court.

[Nikitas]

"Do you believe that usurping the consitution was wrong instead of trying to find a way to make it work? "

Yes I do think it was wrong, it was also dumb.

"Do you believe that what the GCs and TCs did to foreigners (and locals) by selling a property which has an undisclosed lean to a bank on it was wrong?"

Yes because it is called fraud and it is a crime.

"I'd say lots of wrongs out there, the way the dialogue is progressing chances are the wrongs will be compounded rather than resolved."

The problems has been unnecessairly complicated by Turkey's idiotic policy of altering the demographics of the island and the free for all that has been encouraged with land speculation. We got to the point now that solving the issue involves third country nationals who have become emrboigled in the property mess.