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The annan plan - residency, free movement, citizenship
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erolz



Joined: 11 Aug 2005
Posts: 4195
Location: Kyrenia / Girne

Posted: Wed Oct 26, 2005 2:26 am    Post subject: The annan plan - residency, free movement, citizenship  

Firstly thanks to mikkie2 for sending me a pdf of the annan plan AND helping me find the relevant sections.

What I understand from this is as follows.

Component state citizenship. This defines 'where' you vote at the federal level.

Component state residency. This defines 'where' you vote at the consituent state level and local level.

What restrictions there are in the Annan plan (that I can find) that apply to residency in the constituient state of which you are not a citizen

Quote: To preserve its identity, a constituent state may adopt specified nondiscriminatory
safeguard measures, in conformity with the acquis
communautaire, in respect of the establishment of residence by persons
not holding its internal constituent state citizenship status.

7. In addition, for a transitional period a constituent state may, pursuant to
Constitutional Law, limit the establishment of residence by persons
hailing from the other constituent state. To this effect, it may establish a
moratorium until the end of the fifth year after entry into force of the
Foundation Agreement, after which limitations are permissible if the
number of residents hailing from the other constituent state has reached
6% of the population of a village or municipality between the 6th and 9th
years and 12% between the 10th and 14th years and 18% of the
population of the relevant constituent state thereafter, until the 19th year
or Turkey’s accession to the European Union, whichever is earlier. After
the second year, no such limitations shall apply to former inhabitants
over the age of 65 accompanied by a spouse or sibling, nor to former
inhabitants of specified villages.

and

Quote: Article 2
Residence of Cypriot citizens
1. Notwithstanding existing provisions of Community law, the application of
restrictions, on a non-discriminatory basis, on the right of a Cypriot
citizen to reside in a constituent state of which he does not hold the
internal constituent state citizenship status shall not be precluded,
a. in the form of a moratorium, during the first six years following the
date of the entry into force of this Act;
b. if the percentage of such residents of the total population of a
municipality or village has reached 6% between the 6th and 9th years
and 12% between the 10th and 14th years following the date of entry
into force of this Act; and
c. if the percentage of such residents of the total population of a
constituent state has reached 18 % for a period of up to nineteen
years following the entry into force of this Act or until Turkey joins the
European Union, whichever is the earlier.
2. Thereafter, either constituent state may, with a view to protecting its
identity, take safeguard measures to ensure that no less than two-thirds
of its Cypriot permanent residents speak its official language as their
mother tongue is not substantially altered.

So the permanent restriction on residency rights as I understand them are that at least 2/3 of the residents speak the CS's offical anguage. So actualy 1/2 (or more) of the northern component state residents could be southern component state citizens (Greek Cypriot) as long as some of them speak Turkish.

Restrictions that I can NOT find anywhere in the plan.

Any permanent restrictions on Greek Cypriot ability to go anywhere they want in Cyprus.
Any restrictions permanent on Greek Cypriot ability to buy property anywhere they want in cyprus.
Any permanent restrictions on Greek Cypriot ability to live anywhere they want in Cyprus not as a resident of the CS they are not citizen of. That is they can live anywhere they like but there may be some restrictions on their ability to be politcaly represented at CS state level or local level depending on how many other Greek Cypriot (southern component state citizens) already have residency there.

If I have got all this right (which is no means sure but no doubt will be pointed out to me if it is so) and if it is true that actualy not many Greek Cypriot would want to have residency (political representation at CS and local levels) in the northern component state then what really is the problem with these provisions? Aree they fairly represented as being 'permanent restricions on Greek Cypriot freedom of movement' or 'permanent restrcitions on where a Greek Cypriot can live' or 'restrictions that stop Greek Cypriot from enjoying their country' ?
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