come "ultimately successful". While it is true that simple longevity of control must not be equated with "ultimate success", it is also far from established whether the "TRNC" de facto Government will survive or not, and if it will, in what form - as a federal or confederal unit, an independent state, or in some other form. In any case, the validity of its acts concerning the applicant must be considered to depend upon its ultimate success. The final outcome of the conflict - in the form of a post facto international or bilateral settlement - will have to resolve in one way or another the issue of recognition of the acts of the "TRNC" from the commencement of its existence, and/or of reversion to the original status prior to such acts.
7. A national and an international judge alike, before making a decision to act in an activist or a restrained way, will as a rule examine whether the case is focused in a monocentric way and ripe for decision, and whether it is not overly moot and political.
Given that efforts are under way to arrive at a peaceful settlement of the Cyprus problem within UN, CE and other international bodies, a judgment of the European Court may appear as prejudicial. The respective "political nature" of the issue at hand does not refer, however, to the possible political consequences of the final judgment; all judgments, domestic and international, have at least some general social and political effects.
The "political nature" of the present case is in my view rather related to the place of the courts in general, and of the Strasbourg mechanism in particular, in the scheme of the division and separation of powers. There, the courts have a different role to play, than, e.g., the legislative and executive bodies. Courts are adjudicating in individual and in concrete cases according to prescribed legal standards. They are ill-equipped to deal with large-scale and complex issues which as a rule call for normative action and legal reform.
The same kinds of dilemmas face an international tribunal, which should, in my view, proceed in a rather restrained, that is, conservative way in matters which clearly transcend adjudication of an individual case, especially when they are part and parcel of a given structure of inter-community relationships. As to the present case, a "violation decision" on Article 1 of Protocol No.1 (P1-1) might invite another one hundred thousand or so similar cases in which applications could be filed with legitimate expectations that Commission's reports or the Court's judgments will follow the present precedent. In that case, the Court has in fact taken a broad decision about a large-scale issue in the realm of public international law.
8. This case may furthermore affect the role of the Court in another perspective, on which I also had the privilege to exchange and share ideas with my colleague Judge Wildhaber. It may affect the way in which the Court might handle future cases involving new member States such as Croatia, Bosnia and Hercegovina or Russia. The Court might have to look at what happened in the Croat region of Krajina, in the Republika Srpska, in other parts of Bosnia and Hercegovina, or in Chechnya. There, alleged violations of Convention-protected human rights and fundamental freedoms would be counted in millions, not "only" in hundreds and thousands of possible cases.
I have great respect for the principled view that the Court's only task is to see to it that fundamental rights of individuals are respected, irrespective of their numbers. On the other hand, I see much reason to consider seriously an equally legitimate issue of this Court's effectiveness in resolving human rights problems. This problem is even more difficult in respect of individual cases, such as the present one, which are inextricably linked to, and also depend upon the solution of a large-scale inter-communal ethnic and/or political conflict.
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