EU Implications on the Cypriot Legal System chapter 1 cy
National law – CY – Legal system – module 1
The implications following the island’s turning point in history following Cyprus becoming a full Member state of the European Union are substantial. As a result of the accession, since 1st May 2004, Cyprus is bound by the European Union law and any domestic laws that are incompatible, therefore, cannot prevail as the European Union law over powers them. Furthermore, citizens of Cyprus are also able to bring legal action against the state before the European Court of Justice in circumstances where they have experiences damages or injustice due to the failure of the Cypriot government to implement EU law. Another point worth mentioning is that due to the two-tier judicial system in Cyprus; this means that there are no judicial remedies between the first instance courts and the Supreme Court. As a result, any subsequent appeals will automatically be referred to the European court. Furthermore, the European human right laws have had a detrimental impact on member states, including Cyprus. This can be demonstrated by the Human Rights Act which has several articles that all member states are bound by. An example of this is the Common European Asylum System, this system ensures that any asylum seekers that enter any member state must be welcomed if they are genuinely seeking safety or fleeing from persecution from their home countries. As can be seen, the accession to the European Union ensures that Cyprus is bound by the laws founded by the European Court of Justice which it has signed upon applying to become a European Union state member.
KOKUBO Y, ‘The EU Membership Of Cyprus And The’ (2004) 2004 EU Studies
The implications following the island’s turning point in history following Cyprus becoming a full Member state of the European Union are substantial. As a result of the accession, since 1st May 2004, Cyprus is bound by the European Union law and any domestic laws that are incompatible, therefore, cannot prevail as the European Union law over powers them. Furthermore, citizens of Cyprus are also able to bring legal action against the state before the European Court of Justice in circumstances where they have experiences damages or injustice due to the failure of the Cypriot government to implement EU law. Another point worth mentioning is that due to the two-tier judicial system in Cyprus; this means that there are no judicial remedies between the first instance courts and the Supreme Court. As a result, any subsequent appeals will automatically be referred to the European court. Furthermore, the European human right laws have had a detrimental impact on member states, including Cyprus. This can be demonstrated by the Human Rights Act which has several articles that all member states are bound by. An example of this is the Common European Asylum System, this system ensures that any asylum seekers that enter any member state must be welcomed if they are genuinely seeking safety or fleeing from persecution from their home countries. As can be seen, the accession to the European Union ensures that Cyprus is bound by the laws founded by the European Court of Justice which it has signed upon applying to become a European Union state member.
KOKUBO Y, ‘The EU Membership Of Cyprus And The’ (2004) 2004 EU Studies
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