bill cobbett wrote:Pyrpolizer wrote:Lordo wrote:i am the least frustrated person on earth. you said they can decide what to do. i agree with you in that very few people will wish to return, which means there is no problem. those who do should be allowed to. the point i was making the original owner does not have the right to decide every time. home and house has been clarified in an eu court of law.
I think we agree to a large extend.
Boys, boys... boys....
Things are rarely as simple as bar-room lawyers think they are.
If you look up Article 17 of the ECHR you'll find that things get complicated by what is called the Abuse of Rights Article.
Put simply Rights can't that easily be acquired when they might impact the Rights of others.
In the CY context, best not to bet any money that the Illegal Settlers and the CarpetBaggers have acquired Rights in cases where their "rights" conflict with the pre-existing Rights of others.
I am not a lawyer but in my opinion
a)The Abuse of rights article is for normal conditions within a normally functioning state
b)The right for home is different from the right of ownership even under current RoC law. Simply put you cannot throw anyone out of a house if for example he accepts to pay rent.
c)There is the law of necessity, in other words some people had to use "illegally properties that don't belong to them out of necessity.
This covers fully (100%) the Kibrisli and the Kypreoi. It doesn't cover the carpetbaggers and the settlers. Those people did not act on grounds of necessity. The carpetbaggers and the settlers will most certainly lose it all.