The Court of Justice of the European Union (CJEU) opened hearings on Monday regarding appeals filed by the EU Commission and Council against the General Court’s rulings that invalidated Morocco’s 2019 fisheries agreement with the EU.
The EU-Morocco agreement came into effect on July 18, 2019. The Polisario Front separatist group petitioned the court in 2021 to annul the agreement, claiming that it was the sole legitimate representative of the interests of the Saharawi people and the agreement had been concluded without the participation of their representative.
In September 2021, the court nullified the agreement, ruling that it would remain in effect for a certain period because immediate cancellation might have serious consequences for the external actions of the European Union and raise concerns about the legal validity of other international commitments.
The original agreement, which had expired on July 17, 2023, allowed 128 European vessels to fish in Moroccan waters for four years in exchange for a payment of 52.2 million euros by the Union. It also permitted over 128 international boats, including 93 Spanish vessels, to sail and exploit national territorial waters, including those adjacent to the Moroccan Sahara.
Shortly before Monday’s hearing, the Polisario issued a statement published by a separatist media outlet, asserting that any agreement applicable to the Sahara must be concluded with the free and actual consent of the Sahrawi people. It stated that the European Commission’s “so-called ‘benefits’ and ‘consultations’” procedure cannot replace the requirement of consent.
The Polisario reiterated that it can bring legal action before the courts of the European Union as the sole legitimate representative of the Sahrawi people. It added ominously that it has the ability to “respond to any attack on the right to self-determination of the Sahrawi people.”
Lawyers representing the EU Council and the Polisario have two days to present their arguments before the judges. The French Republic and the Moroccan Confederation of Agriculture and Rural Development (COMADER) are also parties to the appeal, according to Court documents.