CJEU lawyer rejects EU fisheries treaty with Morocco because it does not respect the Sahrawi people

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Although an Advocate General’s conclusions are not binding, the Luxembourg court usually takes them into account when issuing a ruling.

An attorney general from the Court of Justice of the European Union endorsed the approval on Thursday trade agreement between the Twenty-Seven and Morocco, but has asked for the agreement to be annulled fishingas the former treats the territory of Western Sahara and its adjacent waters as follows “separate and different” from Morocco and the second is not.

Although an Advocate General’s conclusions are not binding, the Luxembourg court usually takes them into account when issuing a ruling.

On the other side the same lawyer, the Croat Tamara Capetaon Thursday requested that melons and tomatoes from the territory of Western Sahara include in their labeling an indication of the “country of origin”, indicating their origin from that territory and not from Morocco.

The opinion published today refers to the agreement that the EU and Morocco signed in 2019 to extend the agreement preferential tariff treatment also permitted under the Association Agreement between the Parties for products originating in the territory of Western Sahara.

The same year the pact was signed, in 2019, the Polisario Front requested its annulment, claiming that the Council did not respect the right to self-determination of the Sahrawi people. In a 2021 ruling, the General Court annulled the Council’s decision approving the agreement.

In her judgment today, the lawyer disagrees with the General Court (first instance of European Justice) and believes so “made a mistake” by accepting the Polisario Front’s appeal for annulment.

On the other hand, the Attorney General on Thursday asked the court in Luxembourg to annul the decision on which the fisheries agreement between the EU and Morocco is based by not declaring the territory of Western Sahara and its adjacent waters as “separate and distinct”. to deal with. from Morocco. “The Council (Member States) did not respect the right to self-determination of the population of Western Sahara,” he said.

Your opinion concerns the Sustainable Fisheries Partnership Agreement and the protocol for its implementation signed between the Council (on behalf of the EU) and Morocco in January 2019.

In June 2019, the Polisario Front applied to the Court of Justice for an annulment of that decision, claiming to represent the people of Western Sahara.

In a September 2021 ruling, the EU Court annulled the decision establishing the fisheries agreement, but that same year the European Commission and the Council appealed the court’s ruling.

In her conclusions today, Advocate General Tamara Capeta proposes that the Court dismiss these appeals and confirm the judgment of the Court of Justice annulling the Council’s decision, albeit for reasons other than those given by the court .

Source: EITB

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