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EU Policy in Occupied Areas Violates International Law

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EU Policy in Occupied Areas Violates International Law

Postby Demonax » Fri Oct 18, 2013 11:51 pm

Interesting analysis on the recent EU Guidelines that ban grants to Israel because of the occupation of Palestinian land.

‘If the EU is serious about the legal theory it is using to promote the Guidelines, it means that the EU violates international law with its grant programs in northern Cyprus. Future challengers to EU policy in northern Cyprus, as well as other occupied territories... will use EU arguments regarding the Guidelines to convince courts to rule that EU policy violates international law.’

This is the part of the document that relates to Cyprus...

The EU directly and indirectly funds Turkish occupation of Northern Cyprus, despite regarding it as illegal.

The EU knowingly and purposefully gives direct grants, funding, etc. to Turkish-occupied Northern Cyprus. The EU does so even though the EU regards Northern Cyprus as occupied (indeed, it is an occupation of an EU member state). The EU’s official policy is that Turkey must end its occupation, and the Turkish invasion was condemned by every international institution from the Security Council on down. Nonetheless, the EU maintains an entire program to direct funds to Turks in Northern Cyprus. They even put out a nice colorful brochure last year.

The grants are pursuant to a 2006 Regulation adopted by the EU to “end the isolation of the Turkish Cypriot community,” and allocated 259 million Euros over five years.12 The program now operates on a 28 million Euro a year allocation (even this small sum is roughly 0.8 percent of Northern Cyprus’s GDP).

EU-funded projects include study abroad scholarships; grants to small and medium-sized businesses for the purpose of developing and diversifying the private sector; various kinds of infrastructure improvements (iterate and telecom improvements, traffic safety, waste disposal, technical assistance to farmers); “community development grants”; funding to upgrade “cultural heritage” sites, etc. The EU program even puts on a musical concert.

Importantly, the vast majority of the Northern Cyprus inhabitants are Turkish settlers who arrived subsequent to the invasion in 1974 and who do not have EU citizenship. Yet, none of the Commission’s grant or contracting documents limit eligibility or participation to EU citizens.

Can one imagine a similar EU project in the West Bank funding Israeli traffic safety, or providing grants to Jewish West Bank residents for study abroad and grants to Jewish-owned small and medium-sized businesses. Could one imagine one funding Jewish cultural events in the West Bank?

The relevant EU resolutions and reports on the EU’s Northern Cyprus program make no mention of the international legal issues arising from this policy, though they do note the “difficult” or “unique” political context.14 One reason the EU gives for the funding is that it is preparing for reunification of an island that is technically in the EU. Yet, it is important to note that funding goes far beyond particular reunification projects, and gives grants to Turkish private business entities, and builds the infrastructure of the occupying government.


Full document here
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Re: EU Policy in Occupied Areas Violates International Law

Postby bill cobbett » Sat Oct 19, 2013 12:20 am

We shouldn't have a problem with the EU helping out European citizens, after all CY signed up all its citizens and all its territory back in 2004, but of course we should have a problem with the EU helping non-EU citizens and mainland Turkish businesses through a non-targeted Assistance Programme that goes beyond EU laws and Public Policy.

The article talks of "international law' but we don't have to go that far.

There are two routes available within the EU...

1. The European Ombudsman will look into complaints of maladministration brought by private EU individuals against any institution of the Union, including the Enlargement Commission (which is the source of the funds and which oversees the Assistance Programme).

2. The European Court of Justice is (amongst other things) the legal judge of whether the Assistance Programme is being used as intended, as described in its Title ... " Aid Programme for the Turkish Cypriot Community ". ... nothing there about helping non-EU citizens or Turkish business.

Now, it is open to the Republic to refer anything it ain't happy about to the ECJ for an opinion.

It is also open for individual EU citizens to ask the ECJ for judgments if they feel the Enlargement Commissioner is not acting within EU Law or in line within EU Public Policy in ways that act to their detriment.
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Re: EU Policy in Occupied Areas Violates International Law

Postby Demonax » Sat Oct 19, 2013 3:39 am

bill cobbett wrote:
The article talks of "international law' but we don't have to go that far.


As I understand, it should now be easier to launch a legal challenge since the EU has kindly issued what it deems a set of new legal Guidelines that ‘forbid grantees to engage in activities - or be located in - the disputed areas’. This wasn’t the case previously. While targeting Israel the EU Commission seems to have inadvertently created a legal precedent that has implications for other occupied areas. As the authors put it....

The Guidelines can thus be invoked by litigants challenging EU direct funding or suing EU companies either in national courts or the European Court for Human Rights. The targets of such suits could be EU funding for Moroccan activities in Western Sahara and for Turkish activities in Northern Cyprus, as well as activities by EU companies doing business in those areas...

Anyway, I hope the Attorney General’s office is looking into it... :wink:
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Re: EU Policy in Occupied Areas Violates International Law

Postby B25 » Sat Oct 19, 2013 8:30 am

OK, so how do we get our lot to act on this?? Bill you are the man, get something started and we'll follow.
What say you????
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Re: EU Policy in Occupied Areas Violates International Law

Postby bill cobbett » Sat Oct 19, 2013 4:01 pm

B25 wrote:OK, so how do we get our lot to act on this?? Bill you are the man, get something started and we'll follow.
What say you????


Needs people with legal backgrounds to look in to it file.
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Re: EU Policy in Occupied Areas Violates International Law

Postby Lordo » Sat Oct 19, 2013 9:20 pm

oh dear some people have nothing on their hands not even .......................
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