Today, the EU Court of Justice ruled that the EU-Morocco trade and fisheries agreements cannot be applied in Western Sahara. This marks the end of a 13-year long legal battle between the EU institutions on one hand and the Saharawi people on the other. The EU has through the years insisted on partnering with Morocco by applying trade and fisheries agreements in the territory that Morocco occupies in violation of international law. 

Today’s ruling rejects earlier appeals from the Commission and the Council. 

This afternoon, the EU Commission issued a press release commenting on the loss. The text could have stated unequivocally that the EU wishes to abide by international law and its own court’s rulings. 

But it didn’t. 

Instead, the statement indicates that “In close cooperation with Morocco, the EU firmly intends to preserve and continue strengthening close relations with Morocco in all areas of the Morocco-EU Partnership, in line with the principle of pacta sunt servanda” - the principle that agreements must be kept.

‘Pacta sunt servanda’ is a legal expression referring that agreements are binding on the parties that entered into it. With this, the EU is implying that the EU considers that the current agreement framework is to be continued “in all areas”. 

Noting that the European Commission is currently analysing the judgments in detail, it is worth reminding the Commission that the principle of ‘pacta sunt servanda’ comes with a certain limitation: It has to follow what is called ‘peremptory norms’ of general international law. The right to self-determination is one of those norms that have to be respected. 

"The Commission surely knows this. Its reference to ‘pacta sunt servanda’ can only be understood as a tacit acceptance from the Commission that it is bound to exclude Western Sahara from its signed agreements with Morocco. The alternative would mean that the Commission is choosing to close its eyes to international law in Western Sahara, blatantly ignoring its very own courts", stated Sara Eyckmans of Western Sahara Resource Watch.

The press release of the Commission today is - somewhat illustratively - titled “Joint Statement by President von der Leyen and High Representative/Vice-President Borrell on the European Court of Justice judgements relating to Morocco”. 

“The release is primarily a comment on the desire to continue the relationship with Morocco, not to respect the principles of international or EU law”, stated Eyckmans.

The statement makes no reference to the people that has been suffering from the consequences of the illegal Morocco-EU agreements. 

 

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