Cypern, EU:s halva medlemsstat

Detta är en D-uppsats från Göteborgs universitet/Juridiska institutionen

Författare: Emelie Steen; [2009-03-25]

Nyckelord: Europarätt; Internationell rätt;

Sammanfattning: Since the 1st of May 2004 Cyprus is part of the European Union. The Republic of Cyprus as a whole is part of the Union, but all of the advantages of the Union membership cannot be enjoyed in all parts of the country. Since December 1963 the Cypriot administration has been separated into two, a Greek Cypriot and a Turkish Cypriot, and since 1974 the country is also territorially divided. The Greek Cypriot political administration is considered to be the legitimate representative of the Republic of Cyprus, the Turkish Cypriot administration is only recognised by Turkey. Since the disruption of the country in 1963 the UN has been trying to get the Cypriot parties to agree upon a peace solution in order to reunite the country. The expectations were high that a final solution to the Cyprus problem would be reached before Cyprus’ entry into the European Union. But the referendum about the Annan plan, the 24th of April 2004, did not lead to a Cypriot reunification. On the Turkish Cypriot side a large majority voted “yes” to a reunion of the country, but on the Greek Cypriot side the result was an even stronger “no”. Consequently it was a divided Cyprus that joined the EU and therefore a part of the Union territory is today occupied by the EU candidate country Turkey and controlled by an illegal administration. At the same time the Union’s freedom of action regarding the Cyprus problem has been limited by the Republic of Cyprus’ entry into the Union. The de facto Greek Cypriot administration now has the possibility to directly influence EU´s treatment of the Turkish Cypriots and their situation. One of the main objects of this thesis has been to examine how the EU managed to put itself into a situation that made it possible for an international conflict to make entry into the Union. It is especially remarkable how Cyprus’ EU accession was concluded considering the somewhat surprising results of the referendums. Another main object of this thesis has been to examine what effects the accession of the divided Cyprus has on the European Union. To be able to understand the complexity of the Cyprus problem and the choices that EU had to make in regard to the membership application from Cyprus it is necessary to understand the historical background of the conflict. Thus, in order to answer the questions concerning EU’s handling of the Cyprus problem, I have chosen to try to look in to the main reasons to why the Cyprus conflict has developed the way it has. The thesis explores how the gap between the Cypriot parties could become so deep that it has lasted for nearly 45 years and why the international community after all this time is still trying to achieve a reunification instead of accepting the fact that the partition has become permanent. The thesis also studies how the EU regulations are applied in the unique legal situation that the divided member state Cyprus constitutes, and what the effects of these applications are. Finally the thesis examines the probable developments of the Cyprus problem in regard to Cyprus’ EU accession and the future prospects for the Turkish Cypriot community.

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