MrH wrote:Get Real,
If you've read the pointers correctly, particularly the most important parts of "federation", "Constituent States" and
"The federal laws will not encroach upon constituent state laws within the constituent states’ area of competences and the constituent states’ laws will not encroach upon the federal laws within the federal government’s competences"
, I would say it's a huge success for the Turkish Cypriots. Call it the legitimisation of Two Federated States along side a loose Federal idea or not, the fact that an agreement has commenced Based on a "Federal" style government with Two Federated States means really only one thing.........its one day, eventual, and legally accepted (Yugoslavian style) seperation into two Republic states. As I have said before Get Real, Recognising the TRNC of Today will be Your best option, where Chancing a Federal United Cyprus and then Splitting it's riches will hit the Greek Cypriots harder than the Turkish Cypriots!
Rubbish! This is not what this paragraph means at all! You are confusing the sovereignty of the federated state with the distribution of powers within that state. The United Republic will have one indissoluble sovereignty guaranteed by the UN and international law. Nothing will change in that regard. The two Lander or 'states' will have specific powers under the Constitution as is the case in all federated states. If there is controversy then this will be resolved by the Supreme federal court.
There is no basis for a confederation in this statement as you need two sovereign states to form a confederation which don't cede their sovereignty in the creation of that state. It's clear that this joint statement refers to a unified federal state and explicitly rules out confederation or secession or a Yugoslavia type dissolution:
Three. A united Cyprus as a member of the United Nations and the European Union will have a single legal personality and a single sovereignty, which is defined as the dominance enjoyed by all Member States of the United Nations based on the UN Charter and which emanates equally from Greek Cypriots and Turkish Cypriots. There will be only one single Cypriot citizenship, which is regulated by federal law. All citizens of a united Cyprus will be citizens, either the Greek Cypriot constituent state or the Turkish Cypriot constituent state. This property will be complementary and not a substitute in any way a single Cypriot citizenship.
The federal Cyprus will have one international legal personality and a single sovereignty in accordance with the UN Charter and emanates equally from the Greek Cypriots and Turkish Cypriots. In other words, the citizens who are the people of Cyprus.
Now if you still don't get it just read the next paragraph:
4.The united Cyprus federation resulting from the solution after the adoption of the solution in separate simultaneous referenda. The federal Constitution provides that a united Cyprus federation consisting of two components equal states. The bi-communal, bi-zonal federation of nature and the principles on which the EU is founded safeguarded and respected throughout the island. The Federal Constitution is the supreme law of the island and will assume all the powers of the federation and its constituent states. The union in whole or part of a federation with any other country or any form of partition or secession or any unilateral change in the status quo is prohibited.Apart from expressly forbidding secession, this is a crucial paragraph which frames a solution in terms of the EU acquis in which the four freedoms will apply throughout the island! There will be no permanent derogations on the free movement of people and capital. And no restrictions on buying property or investing in businesses. This is a big gain for the GC negotiators and has been agreed by Ankara.
My advice to you, Mr H, is to read the whole communique in context. If you did, you'd realise that if negotiations follow through on the joint statement then Ankara has just kissed your dream of a separate 'Republic' goodbye. Better get used to it!