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The Cyprus Issue

The Four Freedoms in a Member State under Siege

By: Nikos Skoutaris
Media of The Cyprus Issue
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Published: 01-03-2011
Format: PDF eBook (?)
Edition: 1st
Extent: 252
ISBN: 9781847316370
Imprint: Hart Publishing
Series: Modern Studies in European Law
RRP: £81.00
Online price : £72.90
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Loren Epson

About The Cyprus Issue

This is a book on the interrelationship of the EU legal order and the Cyprus issue. The book addresses a question which is of great significance for the legal order of the EU (as well as for Cypriots, Turks and Greeks), namely how the Union deals with the de facto division of the island.
Despite the partial normalisation of relations between the two ethno-religious groups on the island, Cyprus' accession to the EU has not led to its reunification, nor to the restoration of human rights, nor a complete end to the political and economic isolation of the Turkish Cypriot community. Ironically enough, the accession of the island to the EU actually added a new dimension to the division of the island. According to Protocol 10 on Cyprus to the Act of Accession 2003, the Republic of Cyprus joined the Union with its entire territory. However, due to the fact that its Government cannot exercise effective control over the whole island, pending a settlement, the application of the acquis is 'suspended in those areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not have effective control.'
Given this unprecedented (for an EU Member State) situation of not controlling part of its territory, the book analyses the limits of the suspension of the Union acquis in the areas north of the Green Line. In other words, the telos of this particularly challenging research is to map the partial application of Union law in an area where there are two competing claims of authority.

Table Of Contents

Chapter I: Introduction
1. Introduction
2. The Main Challenges
3. Methodology
4. The Theses of this Book
5. The Analysis
Chapter II: The Historical, Political and Legal Context of the Suspension of the Acquis in Northern Cyprus
1. Introduction
2. The Birth of a Republic but not of a Nation
3. 'The First Partition'
4. The 1974 Turkish Military Intervention and the Continued Presence of Turkey on Cyprus
5. The RoC as a Candidate for EU Accession
6. The UN Plan for a United Cyprus Republic (UCR)
7. Cyprus' Accession to the EU
8. Conclusion
Chapter III: Union Citizenship, Fundamental Rights and Free Movement of Persons
1. Introduction
2. EU Citizenship
3. Fundamental Rights
4. Crossing the 'Line'
5. Conclusion
Chapter IV: Free Movement of Goods
1. Introduction
2. Trade with the 'Areas' before Cyprus' EU Accession
3. Green Line Regulation's Provisions on Crossing of Goods
4. The Commission's Proposal for a Direct Trade Regulation
5. Conclusion
Chapter V: Taking Cyprus' EU Membership into Account for a Future Settlement Plan
1. Introduction
2. The EU as a Principal Locus and Actor in a Future Initiative
3. Accommodating a Future Solution within the Union Legal Order
4. Conclusion
Chapter VI: Conclusion
1. A Study in Time
2. Strangers in the Same Land? The Cooperation of the UN and the EU in Resolving the Cyprus Issue
3. Lessons Learned (?)

Reviews

“Books on Cyprus and the European Union are relatively rare so this volume is a welcome addition to the limited bibliography. The book uses EU law and politics to highlight its main points so it will be used by postgraduate students in the fields of law, European studies and international relations/politics who wish to research Cyprus or the issue of derogations to EU law. Although the book does not offer a novel scenario for future settlement it does offer a good narrative of the Cyprus problem with reference to the existing acquis.

Above all, of course, this book will be invaluable to those researching the Cyprus problem. I think Mr Skoutaris has produced a good monograph in a difficult field. He has avoided verbose, prescriptive “futurology” and dealt with the points that were relevant to his arguments only. That's good academic practice and the book is better for it.

” –  Dr Constantin Stefanou, European Law Review, Volume 37(4)

“...the author succeeds in turning this 'difficult' subject into a readable 'text' by virtue of the breadth of issues covered in the book, the inter-disciplinary method of investigation, and competent legal analyses that permeates the whole work. This is, then, a detailed analysis of a “major” problem over a “minor” piece of territory.

...Skoutaris' book fills an important gap in the literature by mapping out the implementation of the European Union law in Cyprus with particular reference to the four freedoms. It is also a valuable contribution to our understanding of the interaction between the Union legal order and the Cyprus dispute. This book also highlights the inherent legal constraints which the EU's Common Foreign and Security Policy encounters in delicate situations marked by a fragmented sovereignty and deep social and political divisions in a member state (Cyprus). This, then, is a valuable study that enhances our understanding of the Union Law 'in action'.

” –  Berdal Aral, Insight Turkey, Volume 13, No. 4,

“The Cyprus Issue has often been presented as a clash between international law and real politik. However, while there has been a wealth of volumes exploring the political elements of the situation, first rate analyses of the legal aspects of this long-standing problem are sorely lacking. This book is therefore an extremely important contribution to the literature. It carefully examines the most significant questions posed by island's accession to the European Union and explains how this has fundamentally altered the the interaction between the two communities and how it has affected the UN-led search for a solution. It is absolutely required reading for anyone who wants to understand the legal and political complexities of the Cyprus Issue since the island joined the EU.” –  James Ker-Lindsay, European Institute, LSE,

“…The book must be lauded for its comprehensive legal assessment and well-structured and sound arguments. Any scholar interested in the 'Cyprus issue' will benefit from the highly interesting set of legal analysis and data resented here…In conclusion, it therefore can be said that the book by Nikos Skoutaris, The Cyprus Issue: The Four Freedoms in a Member State under Siege is an invaluable source of information on the law of EU external and international relations which should be a starting point for any closer investigation in the field.” –  Roman Petrov, The Cyprus Review Journal

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