brother wrote:But that restriction would come unstuck in the courts of human rights, you can not be a full member and only benefit say 70%.
At this point you are wrong brother,
First of ECHR had got nothing to do with EU instituions. EU courts are different than ECHR. ECHr has been founded by Council of Europe, to which Turkey is a full member along with another 46 countries. It is not a part of EU, so they do not apply the same rules.
ECHR can not say whether a person has a right to travel to some country in EU, or have a right to settle some country in EU, unless those rights are illegally obstructed by the goverments.
When it comes to EU, individual settlement to in a member country, and travel restrictions are quite common, and always are negotiatied during the accesion talks of a country. And once the accesion talks are over those documents are ratified by the EU and the applicant country and becomes the primary law of the EU so that it is uphold by the EU courts.
For example, there are same kind of restrictions on Polish citizens right. But the difference is that so far EU has never considered permanent restrictions on countries, and all these derogations from the main EU law are done on temporary basis. I think, Polish is seven years with an option to extend it another 7 years.
The difference is that in Turkey's case Europe is so afraid that they are going to flushed by Turkish cheap labor, they are hoping to get permanent restrictions for Turkey. Only the negotiations during the accesion phase determines these derogations.
The fact is by the time Turkey becomes full member the economical standards in Turkey would be improved enough that Turkey, may be, can get by with only temporary restrictions of Polish kind.
In Europes fears against Turkey economy has never been a major fear anyway. The major obstacle the be dealt with is that religion differences, and historical hostility between Europe and Ottomans (however Republic of Turkey tries to distance itself from Ottoman Empire, it will keep on coming back understandably) have create a very bad attitude towards Turks in Europe.
This whole thingbrings us back to another very very important subject.
Whatever agreemnt we reach in Cyprus has to be ratified by EU and each individual country in EU so that it becomes the primary law of EU. Otherwise now that RoC is in EU, they can go back to EU courts after the solution and for example say that, "The restrictions of GCs settleing in north is against the primary law of EU", in which case EU court will probably turn down those portions of the solution.
This is a very real danger to any solution proposed by UN, but is not addresed properly. I can understand why GCs will try to hide these facts, but I can not understand why TCs fail to see this fact.
Have a great day,