can you appeal a TRNC court decision to European courts

rwilson


Joined: 14/04/2008
Posts: 87

Message Posted:
14/10/2009 12:31

...assuming it is an Esdeger property dispute and the TRNC courts ruled unjustly, could their decision be appealed to courts outside TRNC or would the Esdeger element make this impossible?

Brinsley


Joined: 04/04/2009
Posts: 6858

Message Posted:
14/10/2009 12:36

TRNC has signed up to most, if not all International Treaties however, how any ruling can be implemented is beyond me!



Richard

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
14/10/2009 12:38

The esdeger aspect will only complicaate matters.

Which European Courts? Preesumably you mean ECHR. You can complain to ECHR if any clause of the Human Rights chapter has not been observed but these courts are not courts of appeal.

ismet

http://www.elkocyprus.com

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
14/10/2009 14:23

re msg 1



"TRNC" is NOT a member of the Council of Europe ... TURKEY is..



You would have to exhaust all local remedies then take TR to Court - it would argue that this was a matter for "TRNC" and the ECHR would rule that "TRNC" is a vessel of Turkey/



example: When Dr An took TR to the ECHR when he was refused to visit the 'rump' RoC ( TR claimed this was a "TRNC" matter.. He won his case and the crossing points opened.

Brinsley


Joined: 04/04/2009
Posts: 6858

Message Posted:
14/10/2009 14:31

mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm



I hear Russia is very pleasant this time of year, a little visit to Outer Mongolia could me extremely educational!



Richard