The European Rim Policy and Investment Council (ERPIC) hosted a seminar on February 12 on ‘the Rule of Law’ where the speakers focused on the Judicial Protection of Fundamental Rights in the light of the Lisbon Treaty, and also elaborated on the concept of the Rule of Law in relation to the Cyprus Issue following the recent Apostolides vs. Orams case.
Dr. Klearchos Kyriakides initiated the first session by describing the Rule of Law as one of the key values on which western democracies are built. As part of this process, the new Lisbon Treaty enhances the importance of the Rule of Law within the EU by making it, as a separate legal entity in its own right, a party to the European Convention of Human Rights. In addition, the Lisbon Treaty reinforces the status of fundamental human rights by proclaiming the provisions in the European Convention as general principles of EU law. The Lisbon Treaty has, therefore, made the Rule of Law alongside other values such as respect for human dignity, freedom, democracy, respect for human rights and rights of minorities, a crucial and fundamental right which belongs to all citizens of the EU.
The Rule of Law places constraints on anyone, including political leaders who may seek to erode its importance by means of politically motivated decisions which purport to legitimise past illegal actions or strip citizens of their fundamental rights and freedoms.
Solicitor Costas Frangeskides initiated the second session by highlighting that the Rule of Law is not just a legal concept, but also the citizen’s ultimate guard against injustice, and the sword with which the citizen enforces its rights. Today, the concept of the Rule of Law implies that the powers exercised by politicians and officials must be based on authority conferred by law backed by an independent judiciary, and that the state is not allowed to interfere with the rights and liberties of individuals other than in extreme situations.
Within the context of Cyprus, the recent Apostolides vs. Orams case has clearly shown the importance of the Rule of Law, and how it provides justice within well developed democratic states. It was also stressed that a solution to the Cyprus problem, which disregards the Rule of Law in favor of a solution based purely on political parameters, would undoubtedly strip Cypriots of legal rights granted to them both as citizens of a democratic society and the Lisbon Treaty.
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