Protocol 10 - what it means to us

mickey rourke


Joined: 27/08/2008
Posts: 157

Message Posted:
18/09/2008 04:06

As one of the conditions of entry to the EU the Republic of Cyprus agreed to renounce and not seek any jurisdiction over the Turkish controlled north of the Island, by now making certain claims and enacting court cases on individuals in the north they are in breach of protocol 10 the very thing they agreed to renounce, it is therefore good to see that the judges in the Orams case have considered this and I for one am sure the outcome will be positive in favour of the North

Constructive replies please

Littlenige



Joined: 24/12/2006
Posts: 3594

Message Posted:
18/09/2008 08:35

mickey rourke





Very interesting , could you pleasetell us mopre about " Protocol 10 "

cooper


Joined: 23/10/2007
Posts: 3386

Message Posted:
18/09/2008 08:42

Protocol 10 - http://www.lawreports.co.uk/WLRD/2006/QBD/sep0.3.htm



Cooper

mickey rourke


Joined: 27/08/2008
Posts: 157

Message Posted:
18/09/2008 08:56

I think the link says it all Nigel

The FACT is that the Republic of Cyprus (GCs) want their cake and eat it as well, when they (ROC) were granted accession to the EU they waived their rights to any claims in the TRNC, no doubt Pike will be leafing through his volumes of the sacred law (TC style) as we speak, ah well!!

Many thanks Cooper

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
18/09/2008 08:57

As far as the Greek Cypriots are concerned, they asked for protocol 10 so that they would not be penalised for anything done in TRNC that would be against the EU rules. However it has backfired on them very badly

ismet

Littlenige



Joined: 24/12/2006
Posts: 3594

Message Posted:
18/09/2008 09:12

For your light entertainment and a ballanced view i shall ask the question on the cyprus forum.



Link :



Here is

Protocol No 10

on Cyprus

THE HIGH CONTRACTING PARTIES,

REAFFIRMING their commitment to a comprehensive settlement of the Cyprus problem, consistent with

relevant United Nations Security Council Resolutions, and their strong support for the efforts of the United

Nations Secretary General to that end,

CONSIDERING that such a comprehensive settlement to the Cyprus problem has not yet been reached,

CONSIDERING that it is, therefore, necessary to provide for the suspension of the application of the acquis

in those areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not

exercise effective control,

CONSIDERING that, in the event of a solution to the Cyprus problem this suspension shall be lifted,

CONSIDERING that the European Union is ready to accommodate the terms of such a settlement in line

with the principles on which the EU is founded,

CONSIDERING that it is necessary to provide for the terms under which the relevant provisions of EU law

will apply to the line between the abovementioned areas and both those areas in which the Government of

the Republic of Cyprus exercises effective control and the Eastern Sovereign Base Area of the United

Kingdom of Great Britain and Northern Ireland,

DESIRING that the accession of Cyprus to the European Union shall benefit all Cypriot citizens and

promote civil peace and reconciliation,

CONSIDERING, therefore, that nothing in this Protocol shall preclude measures with this end in view,

CONSIDERING that such measures shall not affect the application of the acquis under the conditions set out

in the Accession Treaty in any other part of the Republic of Cyprus,

HAVE AGREED UPON THE FOLLOWING PROVISIONS:

Article 1

1. The application of the acquis shall be suspended in those

areas of the Republic of Cyprus in which the Government of

the Republic of Cyprus does not exercise effective control.



2. The Council, acting unanimously on the basis of a

proposal from the Commission, shall decide on the withdrawal

of the suspension referred to in paragraph 1.

Article 2

1. The Council, acting unanimously on the basis of a

proposal from the Commission, shall define the terms under

which the provisions of EU law shall apply to the line between

those areas referred to in Article 1 and the areas in which the

Government of the Republic of Cyprus exercises effective

control.

2. The boundary between the Eastern Sovereign Base Area

and those areas referred to in Article 1 shall be treated as part

of the external borders of the Sovereign Base Areas for the

purpose of Part IV of the Annex to the Protocol on the

Sovereign Base Areas of the United Kingdom of Great Britain

and Northern Ireland in Cyprus for the duration of the

suspension of the application of the acquis according to

Article 1.

Article 3

1. Nothing in this Protocol shall preclude measures with a

view to promoting the economic development of the areas

referred to in Article 1.

2. Such measures shall not affect the application of the

acquis under the conditions set out in the Accession Treaty

in any other part of the Republic of Cyprus.

Article 4

In the event of a settlement, the Council, acting unanimously

on the basis of a proposal from the Commission, shall decide

on the adaptations to the terms concerning the accession of

Cyprus to the European Union with regard to the Turkish

Cypriot Community.

mickey rourke


Joined: 27/08/2008
Posts: 157

Message Posted:
18/09/2008 22:37

well nige you didn't need to ask question 2 did you

good boy

fire starter


Joined: 19/06/2008
Posts: 3401

Message Posted:
19/09/2008 14:23

why is it that the eu court has said that they wanted the gc property claims now, to go to the correct department set up in the trnc by the trnc goverment?

if under this protocol the gc's had agreed to not make any claims.

why would the trnc gov be looking at these claims if they didn't have to?

why would they be dealing with the orams case? if the gc's gov had already under this protocol agreed they wouldn't persue property claims? how did the gc courts rule against the orams when they signed this protocol?

how did the uk courts even entertain the case being heard there?