tag:blogger.com,1999:blog-602436215000070989.post1360675771557717865..comments2024-02-29T10:23:18.255+01:00Comments on Christopher's Expat Adventure: CyprusChristopherhttp://www.blogger.com/profile/00475533815607447957noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-602436215000070989.post-17581119763800821702017-01-31T16:30:48.337+01:002017-01-31T16:30:48.337+01:00Northern Cyprus is legal (1):
1. LEGALITY AND RECO...Northern Cyprus is legal (1):<br />1. LEGALITY AND RECOGNITION ARE TWO COMPLETELY DIFFERENT THINGS<br />Recognition is completely a political notion/act (as stated by Int’l Court of Justice, Kosovo 2010 decision) and has nothing to do with legality. 1/193 country<br />recognizes Northern Cyprus; but even if 0/193 countries recognize NC, this has nothing to do with legality of NC.<br />The President of the International Court of Justice (ICJ) Hisashi OWADA (2010): “International law contains no “prohibition on declarations of independence.”<br />the International Court of Justice (ICJ) (2010): “while the declaration may not have been illegal, the issue of RECOGNITION was a POLITICAL one”.<br />Recognition is a political, not a legal matter.<br />That is to say, “being recognized/not recognized does not affect legality/illegality of a country”. Recognition is a political action.<br />SINCE NORTHERN CYPRUS IS LEGAL, ALL ITS COURTS AND LAWS ARE ACCEPTED IN THE WORLD: SEE 2 & 3 BELOW.<br />2. ALL LAWS OF NORTHERN CYPRUS ARE ACCEPTED IN EUROPE (EUROPEAN COURT OF HUMAN RIGHTS; ECtHR)<br />In Northern Cyprus, laws of Turkish Republic of Northern Cyprus are valid: ECtHR’s 02.07.2013 Decision: http://hudoc.echr.coe.int/eng?i=001-122907<br />“…notwithstanding the lack of international recognition of the regime in the northern area, a de facto recognition of its acts may be rendered necessary for practical purposes. Thus, THE ADOPTION BY THE AUTHORITIES OF THE “TRNC” OF CIVIL, ADMINISTRATIVE OR CRIMINAL LAW MEASURES, AND THEIR APPLICATION OR ENFORCEMENT WITHIN THAT TERRITORY, may be regarded as having a legal basis in domestic law for the purposes of the Convention”.<br />Note: In the related ECtHR’s decision above, the case application of the Greek Cypriot was IMMEDIATELY REJECTED; i.e., his application was found INADMISSABLE. That is to say, he was expelled by ECtHR just at the beginning; therefore, his case was not handled (no sessions were held) by ECtHR at all.<br />ECtHR’s 02.09.2015 Decision: http://hudoc.echr.coe.int/eng?i=001-155000<br />“..the court system in the “TRNC”, including both civil and criminal courts, reflected the judicial and common-law tradition of Cyprus in its functioning and procedures, and that the “TRNC” courts were thus to be considered as “established by law” with reference to the “constitutional and legal basis” on which they operated……the Court has already found that the court system set up in the “TRNC” was to be considered to have been “established by law” with reference to the “constitutional and legal basis” on which it operated, and it has NOT accepted the allegation that the “TRNC” courts as a whole lacked independence and/or impartiality……when an act of the “TRNC” authorities was in compliance with laws in force within the territory of northern Cyprus, those acts should in principle be regarded as having a legal basis in domestic law for the purposes of the Convention..”<br />Note: Here, what ECtHR means by “laws in force within the territory of northern Cyprus” is the laws that TRNC published and put into implementation, as can be<br />understood from ECtHR’s above 02.July.2013 decision.<br />Anonymousnoreply@blogger.com