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The Guardianship of Turkey in EU Commission

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The article examines the historical and legal context surrounding Turkey's guardianship over the Republic of Cyprus in relation to the European Union. Following the declaration of nullifying the 1960 Constitution by Archbishop Makarios, Turkey and the UK opposed it, maintaining their status as guarantors. Official inquiries made by Marios Matsakis, a member of the European Parliament, regarding the implications of Turkey’s guardianship on Cyprus’s EU membership revealed that EU authorities do not perceive such guardianship as an obstacle to Cyprus's EU accession.

The Guardianship of Turkey in EU Commission The Greek Cypriots were against the guardianship of Turkey since their attack to Erenkoy on August 8, 1964, resulting to a great loss in the Greek Cypriot armed forces namely National Guards (Ethniki Fruro), commanded at the time by the General Grivas Digenis. 8 months before that disaster, Archbishop Makarios the then President of 1960 Cyprus Republic, on the morning of January 1st, declared officially that he suspended the 1960 Constitution of Cyprus Republic together with the Treaty of Guarantees and Treaty of Establishment and that they were null and void and not in force any more. Immediately the guarantors UK and Turkey objected to this declaration and warned him that he has no right and power to do so. By the noon time Makarios retracted his declaration and claimed that he was misunderstood. Since then the Greek Cypriots were in dense search to cancel, to eliminate or to pacify the Guarantorship of Turkey. The very last attempt was their official application to European Commission through Marios Matsakis (ALDE), member of European Parliament, representing Greek Republic of Cyprus. On October 21, 2008 he sent an official Written Question to EU Commission, Ref: E-5701/8 asking whether the Greek Republic of Cyprus was still under the guardianship of Turkey, a non member of EU, although she was a member state. The reply of Mr. Rehn, the EU Commissioner, dated 12 November, Ref: E-5701/2008 was a total disaster and not what Dr. Matsakis expected. Mr. Olli Rehn replied as follows. “In 2003, 15 Member States and 10 acceding countries including the Republic of Cyprus confirmed in Protocol 3 to the Act of Accession 2003 that the accession of the Republic of Cyprus should not affect the rights and obligations of the parties to the Treaty of Establishment of 1960. According to the Commission's information the three guarantor states to which the Honourable Member refers were not asked by the Republic of Cyprus to formally consent to its accession to the European Union in their capacity as guarantors under the Treaty of Guarantee of 1960.” Dr. Marios Matsakis later on asked a further written question on the same matter on November 26, 2008, Ref: E-6387/08. His question this time was on the validity of the Guarantor countries of the Constitution of Cyprus. Again the reply of Mr. Rehn, the EU Commissioner, dated 21 January 2009, Ref: E-6387/2008 was a total disaster and not what Dr. Matsakis expected. Mr. Olli Rehn’s reply was as follows. “The Commission considers that the Treaty of Guarantee did not preclude the accession of the Republic of Cyprus to the European Union. It only constitutes an obstacle to the union of Cyprus with one other state. Cyprus has acceded to the European Union by the 2003 Treaty of Accession, concluded between the (then) fifteen Member States and the (ten) new Member States; as a consequence, no EU institution, nor any international body is competent to rule on the validity of this accession. Furthermore, the Commission does not share the anxiety of the Honourable Member that the Treaty of Guarantee might not be compatible with the principles on which the EU is founded.” It is now crystal clear that no institution or a body or a state have or possess the legal power to amend or cancel the guarantorship of Turkey on Republic of Cyprus as per the TYreaty of Establishment signed by UK, Turkey, Greece, Turkish Cypriot Community and Greek Cypriot Community and the Constitution of (1960) Cyprus Republic, approved by UN. Ata ATUN e-mail: ata@kk.tc http://www.twitter.com/ataatun http://www.ataatun.com March 7, 2014 rof. Dr. Ata ATUN Araştırmacı - Yazar E-mail : ata.atun@atun.com Mobil : 0533 881 1111