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Friday 22 March 2013

Unprecedented abolition of fundamental rights.

Cyprus goes through an extraordinary financial crisis. This is not the time for in depth legal analysis of the various issues that result from the decisions and practices of the Eurogroup. However, what is obvious is that since last Friday we witness an unprecedented abolition of fundamental rights and freedoms on which the European Union was conceived, inspired and built. The initial conclusions we can make are:

  1. There has been an unprecedented violation of legal rights protected by national laws, the Constitution of Cyprus, the Treaties establishing the European law, the European Convention of Human Rights and the Charter of Fundamental Rights of the European Union.
  2. The rule of law ceased to exist.  The rule of law requires the government to exercise its authority under the law. This principle is often referred as "no one is above the law." In this case recognized rights , laws and safeguards are totally ignored and the Eurogroup and the government  profoundly acts illegally.
  3. The right of representation of workers in discussions affecting their lives or work  through trade unions in non-existent.  Employees representatives were totally ignored in this process, are not involved in the discussions and in essence worker's do not have a voice.
  4. The principle that it is not possible to amend fundamental terms of employment contracts unilaterally is abolished. Worker's salaries, terms of employment and other rights are unilaterally  diminished.
  5. The 4 fundamental freedoms on which the European Union was established i.e. freedom of movement of goods, capital, services, and people, are ignored. The restrictions of capital that will be imposed soon violate the principle of free movement of capital.
  6. The right to property and the theft of people's deposits from their bank accounts has no precedent in Europe.
  7. The principle equality before the law is ignored as people in similar position are treated differently without any justification.

Nobody disputes that we are in a crisis. On the other hand the rule of law is the rule of law. Anarchy should not and is not an option.

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