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Western Sahara: EU Regulatory Compliance Framework Tested as CJEU Rejects Morocco’s Claims Again

In a significant blow to Morocco’s efforts, the European Court of Justice (CJEU) has once more rejected attempts by the Council of the European Union and the European Commission to extend agricultural and fishery agreements with Morocco to Western Sahara. The two rulings in favor of Polisario, the representative of the people of Western Sahara, will have far-reaching implications for the EU’s relations with Morocco and shape its involvement in the broader conflict between Morocco and Polisario.

Implications of the CJEU’s Decisions

The CJEU’s decisions mean that:

• EU fishermen will no longer be allowed to operate within Western Saharan waters under Moroccan permits.
• Moroccan agricultural exports originating from the territory will be excluded from preferential EU tariffs.
• Importers and fishing operators who disregard these rulings will find themselves outside the EU’s regulatory framework, putting them in a dangerous legal position.

EU’s Nascent Differentiation Policy

The CJEU’s ruling has reaffirmed the EU’s nascent differentiation policy, which excludes Western Sahara from its relations with Morocco. This decision is seen as a major blow to Morocco’s claims over the territory and could potentially pave the way for a resolution based on international law.

Resistance from Morocco

However, the EU is likely to face resistance from Morocco, which has historically used its leverage to deter the EU from adopting positions seen as sympathetic to Polisario or undermining Moroccan claims to the territory. The Council of the European Union may still appeal the rulings, but this will only delay the inevitable and could lead to renewed tension with Morocco.

A Path Forward

Rather than continuing to work hand in hand with Morocco to delay the inevitable, the Council would do well to confront reality and acknowledge the EU’s legal obligations. By doing so, it can potentially find a solution that balances its interests with those of the people of Western Sahara.

Opportunity for a Credible UN-Led Peace Process

The appointment of veteran EU diplomat Staffan de Mistura as the United Nations’ new envoy to Western Sahara presents an opportunity for the EU to relaunch a credible UN-led peace process and find a resolution based on international law. This could involve a future agreement based on the concept of free association, which would fulfill Sahrawi self-determination through power sharing with Morocco.

Conclusion

In conclusion, the CJEU’s decision is a significant test of the EU’s regulatory compliance framework and its commitment to international law. While it may lead to short-term challenges, ultimately it presents an opportunity for the EU to find a solution that balances its interests with those of the people of Western Sahara.