The criteria on property and the Demopoulos bugbear

The criteria on property and the Demopoulos bugbear

By Andreas D Symeou

“WE ARE now in the depth of the most difficult issue, which is the property issue,” said UN special advisor Espen Barth Eide:

The criteria for the remedies available to owners and users is definitely the hottest topic in the deep waters of the property issue. The Turkish Cypriot side will, inevitably, put the ECHR decision in the Demopoulos case on the table once again, which is a bugbear for the Greek Cypriot side, as it recognises users’ rights on property. It has been said that the decision is wrong, that it was driven by political motives and that the comments about the rights of the user are obiter dicta (not a legally binding precedent) rather than the decision’s ratio decidendi (the case’s core legal principle).

Can the Greek Cypriots insist on setting aside the decision? Is the decision really so detrimental to its positions?

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