The Cyprus Issue : the four freedoms in a (member) state of siege. The application of the acquis communautaire in the areas not under the effective control of the Republic of Cyprus

Abstract

Despite the partial normalisation of relations between the two ethno-religious segments on the island, Cyprus' accession to the EU meant neither its reunification nor 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 of 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.' (Article 1(1) of Protocol No 10 on Cyprus of the Act of Accession 2003 O.J. 2003 L 236/955.) The scope of this thesis is twofold: On the one hand, it maps the partial application of Union law in an area where there are two competing claims of authority. On the other hand, it assesses the pragmatic approach that the Union has adopted when dealing with issues arising from the conflict such as the isolation of the Turkish Cypriots, the "settlers" etc. The main theses of the thesis are the following: Although the application of the acquis is suspended in the areas not under the effective control of the Republic, the territorial character of the suspension and the adoption of the Green Line Regulation, along with the instrument of financial support, have allowed a limited integration of northern Cyprus within the EU. Moreover, concerning a future comprehensive settlement plan, the thesis argues that the Union is 'ready to accommodate the terms of such a settlement in line with the principles on which the EU is founded.' In other words, despite the foreseeable existence of tensions between a solution that would be based on the principles of bi-zonality, bi-communality and political equality and the Union legal order, the EU is willing and capable of accommodating the possible derogations from the acquis that such a solution could entail.