Bananiot wrote: Its plain tough luck that the criticism against the content of the counter declaration comes mainly from at least two of the parties in Papadopoulos coalition government. Of course no Kifeas can accuse them of exhibiting antagonising opposition fury. I say, better leave the wooden-language party jargon aside and look at these so called political gains of Papadopoulos. .
Bananiot, f*k what the political parties say! We have entered an election campaign period, if you didn’t realise it, and thus we will hear everything from now on. Every party will try and present the events and facts in the way that suits them and depending on which section of the electorate they are targeting. Even parties within the coalition need to differentiate their approaches, because they are interested in gaining votes from each other.
Bananiot wrote: I put it to you that Cyprus gained zero from this counter declaration. When I say Cyprus, I mean all of us that dream of a solution to the Cyprob. I mean the forces of solution. In fact the process has been dealt a serious blow by the counter declaration. I am not surprised. This is what Papadopoulos wants, because he does not want a solution! From this point of view, yes, Papadopoulos can feel quite happy about his achievement. .
Bananiot, as long as you follow this nihilistic and aphoristic approach regarding what Papadopoullos wants or doesn’t want, you have little chance convincing anyone. It is one thing to say you have reasons and /or evidence to believe that Papadopoullos doesn’t want a solution now but later, or to say that Papadopoullos doesn’t want this kind of solution but that one, and it is an entirely different thing to plainly say that Papadopoullos doesn’t want a solution at all. If he doesn’t want a solution, then what does he want? Partition? With 35% of Cyprus lost to the TCs and Turkey?
Bananiot wrote: Let us look at the facts. Turkey made a unilateral statement (declaration) and the EU makes a counter declaration which in itself is unique. It has never happened before in the history of EU. The unilateral declaration of Turkey had (has) no legal value and we all agree on this. All the EU had to do was to ignore it and insist on the implementation of the protocol by Turkey. .
Okay! And what is the problem if the EU made the specific declaration, even if it is (as you say) the first time that the EU has done something similar? The counter-declaration is not a legal document, in the sense that it has not been signed by Turkey. It is not a contract between the EU and Turkey. However, because it is a declaration that has been signed by all the EU members, on behalf of the EU, its content and findings are binding to all the EU members and among themselves. In other words, the declaration’s content constitutes from now on an established common policy of the EU and consequently of each one of the member states, including Britain.
What is this common policy of the EU, as it derives from this counter declaration?
1. That turkey is obliged to implement the customs protocol, open ports, harbours, airspace, etc.
2. That the EU and the member states recognise only the RoC, with all its territory, as the only legitimate government.
3. That recognition of Cyprus is an essential component of Turkey's accession process.
4. That the Cyprus problem should be solved under the UN and in accordance to the UN SC resolutions and the principles on which the EU is founded.
This is the common policy of the EU and consequently of all the member states that co-signed it. It is not binding for Turkey, but it is binding for each member state. For this policy to ever change in the future, it requires the consent of the RoC.
How can this be enforced upon Turkey? It cannot be enforced by any legal means, but it can be enforced politically, should Cyprus wishes to press for it's enforcement.
Let’s take one extreme example. Turkey, since the counter declaration is not binding her, chooses not to recognise the RoC. Accession process begins and the first few negotiating chapters open, obviously with the consent of the RoC, as it is a requirement. Two year down the road, Cyprus goes to the other 24 members and says that, "although we all agreed that recognition is a necessary component of the accession process, Turkey still hasn’t recognised me, nor it took any credible steps to normalise relations with me. What do you (EU and the other 24) plan to do about it?" Let's suppose that they say to Cyprus "yea you are right... but… you know.. it was a political decision on our behalf and Turkey is not legally obliged to follow it, since it did not co-signed the declaration and unfortunately her policy is not to recognise you yet." Cyprus then says "okay.. fine.. from now and for purely political reasons, I do not seat at the same table with Turkey to examine her accession progress, nor I will give my consent for any new negotiating chapters to be opened." "I am not obliged to continue seating at the same table with anyone who simply refuses to acknowledge my existence except only for the very momment that I will lift up my pen to sign something for her, and this is something which
also you (the other 24) considered not logical and acceptable and you declared that recognition of all member states is a necessary requirement for the accession process to be carried out."
What is the EU and the other 24 members going to do? Will the take legal or political action against the RoC for not doing something which
they also agreed with? Inevitably, under such a scenario, Turkey's accession process will enter into a stalemate. Are they going to take the RoC to the European court? What are they going to say to the court? What is Turkey going to do about it? Take the entire EU (all the members states, including Cyprus,) to the European court? Take RoC only to the court, although it doesn’t recognise its existence? What is she going to say to the court? Will she say, “I do not want to recognise RoC existenc, one of the member states, but at the same time I still expect and demand her signature?”
You will ask me, where is this going to lead us? Solution of the Cyprus problem!
Turkey will realise, it has already begun realising it, that she must step down from the high horse that she has been riding for the last 31 years, and make the necessary compromises so that a solution of the Cyprus problem is found as soon as possible, otherwise her EU road will be under a constant thread at every corner and cross road and she simply cannot do much about it, nor the rest of the EU.