Eduardo González
The Minister of Foreign Affairs, José Manuel Albares, has assured this Friday that the Government “respects” the decision of the Court of Justice of the EU (CJEU) to annul the decisions of the EU Council that endorsed the trade agreements signed in 2019 between the European Union and Morocco with regard to their application in Western Sahara.
“We respect the decisions of the Court of Justice of the European Union,” Albares said during his appearance before the Foreign Affairs Committee of Congress. “Our commitment to the stability of the relationship with Morocco is firm and will not be altered,” the minister said. The Government, he continued, will continue “working with the European Union and with Morocco to preserve and continue developing this relationship, naturally within the framework of the legal system.”
The CJEU ratified this Friday the previous decision of the General Court, which had already annulled the decisions of the EU Council that approved these agreements (related to agricultural products and fishing), in line with the arguments of the Polisario Front. According to the ruling, the EU violated the principles of self-determination and the relative effect of the treaties, since the people of Western Sahara were not adequately consulted, despite the fact that the agreements directly affect the resources of their territory.
Although the European Commission and the EU Council attempted to defend the validity of the agreements by arguing that they had conducted prior consultations, the Court concluded that these consultations were not directed at the Sahrawi people themselves, but at the populations currently residing in Western Sahara, regardless of whether they belong to that people or not. Since a large part of the Sahrawi people live in exile outside the territory, especially in Algeria, these consultations could not establish valid consent.
The CJEU therefore decided to annul the Council decisions approving the trade agreements with Morocco as regards their application in Western Sahara, since they were concluded without the consent of the Sahrawi people. This ruling reinforces fundamental principles of international law, such as the self-determination of peoples.
Nevertheless, the Court recognised that an immediate annulment of the agricultural agreement could have negative consequences for the EU’s external action, as well as for trade and economic relations in the region. Furthermore, an abrupt cancellation would create legal uncertainty, affecting the stability of the rules and commitments already established. For this reason, although the cancellation is confirmed, the Court has decided that the effects of the agricultural agreement will remain in force for a period of 12 months, allowing the parties to adapt and avoid an immediate negative impact.
Although the agricultural agreement will remain in force temporarily, the CJEU has ruled in favour of the Polisario Front and, by extension, the people of Western Sahara, by recognising their right to be consulted on the exploitation of the natural resources of their territory.
