State Department Report - 2010 - Cyprus

Το State Department εξέδωσε τις αναφορές του για την κατάσταση ανθρωπίνων δικαιωμάτων ανά χώρα για το 2010. Ακολουθεί το κείμενο για την Κύπρο.

160184

The Relationship Between Domestic Implementation of the European Convention on Human Rights and the Ongoing Reforms of the European Court of Human Rights: With a Case Study on Cyprus and Turkey

Το βιβλίο του Κώστα Παρασκευά κυκλοφορεί από τις εκδόσεις Intersentia και είναι εξαιρετικά ενδιαφέρον τόσο για την ανάπτυξη των θεμάτων που αφορούν στην Κύπρο, όσο και για τη συνεισφορά του στο θέμα της συνεχούς ανάπτυξης του μηχανισμού του ΕΔΑΔ.


Να και η σύντομη περιγραφή:

The European Court of Human Rights has become a “victim of ongoing reforms”. Continuous efforts to streamline and reinforce the system have proved inadequate in managing the challenge of its ever-increasing caseload. The consensus is that further reforms to the European Convention on Human Rights mechanisms are necessary in order to cope with the serious influx of cases from the 47 member states of the Council of Europe.

This book analyses the set of five Recommendations referred to in the 2004 Declaration of the Committee of Ministers of the Council of Europe to encourage member states to take effective domestic steps in ensuring appropriate protection of the Convention rights at the domestic level, in full conformity with the principle of subsidiarity. It also traces and evaluates the impact of the Convention in the domestic legal orders of Cyprus and Turkey and assesses, comparatively, the effective implementation of the May 2004 Recommendations in these two member states.

This book demonstrates how efforts to secure the survival and effective operation of the Court by reducing the ever increasing number of individual applications, must primarily be undertaken at national level so that the burden to comply with the Convention is carried by the member states in the first instance. The 2004 Recommendations, which address the source of the problem, are appropriate prescriptions for a healthy future and constitute a technical vehicle for implementing the Convention in the domestic legal orders of member states. These Recommendations constitute guidelines stemming directly from the Convention and are therefore invaluable in assisting member states in the pursuit to improve the protection of human rights “at home”.

This study is a timely and valuable aid for Council of Europe and Court’s officials, Governments, human rights NGOs, academics and practitioners, who are involved in the ongoing process of reforming the Court.

This book is an update of Dr Costas Paraskevas’ PhD thesis, completed at London Metropolitan University. As research assistant at the Human Rights and Social Justice Research Institute of the same university, he worked on the project “International human rights and fact-finding: an analysis of the fact-finding missions conducted by the European Commission and Court of Human Rights”. He currently works in Cyprus as a human rights lawyer. He has published articles on the European Convention on Human Rights and participates regularly in conferences on the reforms of the Court.

Το  βιβλίο του Νίκου Σκούταρη, στο οποίο είχα αναφερθεί σε παλαιότερη ανάρτηση κυκλοφορεί ήδη από τον οίκο Hart. Ο τίτλος του είναι:

"The Cyprus Issue: The Four Freedoms in a Member State under Siege"

Να και η σύντομη περιγραφή: 

 This book examines 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 EU deals with the de facto division of the island. Despite the partial normalization 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 to 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 EU 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 situation - for an EU Member State - of not controlling part of its territory, the book analyzes the limits of the suspension of the EU 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 EU law in an area where there are two competing claims of authority.