Making an Even Number Odd: Deadlock-Avoiding in a Reunified Cyprus Supreme Court

By Potier, Tim | Journal on Ethnopolitics and Minority Issues in Europe : JEMIE, July 1, 2008 | Go to article overview

Making an Even Number Odd: Deadlock-Avoiding in a Reunified Cyprus Supreme Court


Potier, Tim, Journal on Ethnopolitics and Minority Issues in Europe : JEMIE


Abstract

Substantive talks to re-unify the island of Cyprus re-commenced in September 2008. Sadly, the gulf between the two communities remains wide. The rejected 'Annan Plan' proposed a (federal) Supreme Court that would have included three non-Cypriot (deadlock-breaking) judges. This should not be preferred. However, to dispel any fears concerning the likely consequences of their absence, it is the purpose of this article to outline how any reunified Cyprus Supreme Court can rely on absolute political equality (alone), whilst still remaining functional and free from potential deadlock. The various procedures devised confirm that an even number can be made into an odd.

I. INTRODUCTION

THE reunification of Cyprus still eludes. The most recently completed process1 culminated in a referendum, on 24 April 2004, in which the Turkish Cypriots voted (convincingly) in favour of the so-called 'Annan Plan' sides will have to make significant compromises. Yet, as this author has recently demonstrated in a recently published book covering many of the most highly disputed matters, variation from the rejected Plan often need not affect / disadvantage either side3.

Cyprus - like Sri Lanka, Georgia and Moldova (to cite a few other similarly troubled societies) - is a country where any constitutional settlement would be only the start of what would be a long and difficult road to reconciliation. Success cannot and 'should not' be guaranteed; occasionally states do fail; the responsibility to avoid this happening must lie with the local population. One avoidable reflection of this, in the rejected Plan, was the inclusion of foreign (non-Cypriot) judges on the Supreme Court. Its progeny is clear and understood: the ad hoc tribunal system in international law. Still, attempts to "internationalise. local problems should be avoided. In respect of the Supreme Court of the United Cyprus Republic, this was not done.

II. ANNAN PLAN (FINAL VERSION): PROVISIONS

The Supreme Court shall uphold the Constitution of the United Cyprus Republic ("the supreme law of the land"4) and ensure its full respect5 by other federal organs and the constituent states6.

The Supreme Court shall be composed of 15 judges7. Six judges shall hail from each constituent state, plus three judges who are not citizens of the United Cyprus Republic8. The judges from the constituent states shall be citizens of the United Cyprus Republic9. The three judges who are not to be citizens of the United Cyprus Republic shall not be subjects or citizens of "the Hellenic Republic or the Republic of Turkey or of the United Kingdom of Great Britain and Northern Ireland"10. Despite the inclusion of the non-Cypriot judges, political equality, guaranteeing effective participation for both communities, being a central requirement in any settlement on the island, is maintained11.

The Court shall have its own Registry12. There shall be a Registrar, who shall not be a citizen of the United Cyprus Republic, and two Deputy Registrars who shall not hail from the same constituent state13.

The Supreme Court shall assume its functions upon entry into force of the Foundation Agreement14, and evolve in its operation during a transitional period15. It shall come to sit (either) as a Constitutional Court or as a Court of Primary Federal Jurisdiction16. However, only those who shall serve as members of the Constitutional Court shall assume their functions immediately upon entry into force of the Foundation Agreement17. That is, the three non-Cypriot judges and three judges hailing from each constituent state18. The remaining six judges shall serve on the Court of Primary Federal Jurisdiction19 and, under the rejected Plan, were to have been "... appointed by the Presidential Council in the course of the month of July 2004..."20 Until then, the "other. (Constitutional Court) judges of the Supreme Court were to have exercised the functions attributed to the Court of Primary Federal Jurisdiction21.

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Making an Even Number Odd: Deadlock-Avoiding in a Reunified Cyprus Supreme Court
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.