Luxembourg (EU Court) 05 October 2024 (SPS)- The European Free Alliance group (EFA) hailed a ground-breaking ruling by the European Court of Justice (ECJ) that invalidates trade agreements between the European Union (EU) and Morocco concerning fisheries and agricultural products plundered from the occupied territories of Western Sahara.
The decision issued by the Court yesterday morning has been described by EFA in a Press release as a major victory for the Sahrawi people and their right to self-determination, marking a significant shift in the EU's approach to international agreements involving disputed territories.
The ECJ’s ruling follows appeals from the Polisario Front, the recognized legitimate representative of the Sahrawi people, who argued that the trade deals were made without the Sahrawi consent, in total violation of international law.
The EU Court agreed, ruling that the EU failed to consult with the legitimate representatives of Western Sahara, effectively breaching the fundamental principle of self-determination.
From Luxembourg, EFA Member of European Parliament (MEP) Ana Miranda described the court’s decision as a “historic” moment for both the Sahrawi people and Europe’s international relations. “This ruling acknowledges that the people of Western Sahara did not give their consent to agreements that were made without their involvement, which is a clear violation of their right to self-determination,” she said.
MEP Miranda praised the ECJ for supporting the arguments presented by the Polisario Front and emphasized that the ruling sets a new legal precedent.
"This is not just a victory for the Sahrawi people, but a reaffirmation of the values of justice and human rights that Europe must uphold. For the first time, a European court has backed a liberation movement in annulling a trade agreement", Miranda emphasized.
The court’s verdict also confirms the stance that EFA has long maintained: that the EU-Morocco trade deals were illegal, benefiting Morocco at the expense of the Sahrawi people.
Miranda highlighted that the fisheries agreement, which had already expired in 2023, was an arrangement that only served Morocco's interests, ignoring the rightful claims of Western Sahara’s people over their natural resources, EFA Press release adds.
In its statement, the court underscored that international agreements involving the territory of Western Sahara must have the consent of the Sahrawi people, which, in this case, had not been obtained.
The European Free Alliance welcomed the decision as a milestone in the long-standing struggle for the rights of the Sahrawi people and expressed hope that it would pave the way for a more just and inclusive approach to EU international trade agreements.
The ECJ’s ruling is expected to have broad implications for future EU trade negotiations involving occupied territories, particularly those where issues of self-determination are at stake, though it seems that the EU Commission is already looking for ways to overturn it if the statement of EU President Von der Leyen is considered critically.
In its reaction to the ruling, the EU issued a statement attributed to Von der Leyen stating that “the European Commission is currently analysing the judgments in detail. In this context, we take note that that the European Court of Justice preserves the validity of the agreement on agricultural products for an additional 12 months.” (SPS)
090/500/60 (SPS)
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