Andygx
June 2009
edit
Welcome to Wikipedia. We welcome and appreciate your contributions, including your edits to Apostolides v Orams, but we cannot accept original research. Original research also encompasses novel, unpublished syntheses of previously published material. Please be prepared to cite a reliable source for all of your information. Thank you. Nowhere in the supplied citation there is a mention about the judge having to recuse himself. Please use the citation only by referring to the facts as they appear in the citation. Also check our policies of WP:OR and WP:SYNTH. Thank you. Dr.K. logos 15:55, 30 June 2009 (UTC)
No judge ever has to recuse him/herself, except that a new rule has been enunciated in the USA only in the recent case Caperton v. A.T. Massey Coal Co. The recusal matter in Apostolides v Orams was, it appears, largely made an issue by the Turkish press and Googling would have found it for you.
But as with everything Greek and Turkish there is no middle ground, and perhaps nobody should ever mention any issues at all.
Personally I think the failure to offer to recuse himself by Chief Judgee Vasilios Skouris is, or should be, a non-issue since it was a panel of 12 judges. Also the nationality of a judge is supposed to be irrelevant in the European Union judicial system. But he did visit Cyprus and did get an award. https://web.archive.org/web/20090704005631/http://www.todayszaman.com/tz-web/detaylar.do?load=detay&link=179693 In the ECJ unlike the ECHR there is no dissenting opinion. As Nicholas Green QC has said, though, the judgment in the Orams case was "thin" -- meaning it has no depth and obviously resulted (so he says) from an inability to get a consensus. The suggestion of European Commission submission was not accepted by the Court. Whether the judgment will be followed in future cases remains to be seen: it is a principle of ECJ jurisprudence, like the French that it is modelled after, that precedent, other than "jurisprudence constante" is non-binding.
But what do I care. The above is taken from standard textbooks and if Wikipedia doesn't care to take cognizance of it, I am not a regular contributor and it has nothing to do with me. The delete button is your friend.