EU Court Strikes Down Morocco Trade Deals Over Western Sahara Dispute

At the heart of the dispute: the absence of consent from the Sahrawi people to these agreements. The CJEU considered that the Polisario Front was indeed empowered to challenge these agreements. Although the Court specified that this consent did not necessarily need to be explicit, it ruled that it could not be presumed in the present case.

Indeed, while the agreements in question do not impose any legal obligation on the Sahrawi people, they do not confer any specific rights on them either regarding the exploitation of their natural resources. The categorical opposition of the Polisario Front to these agreements was therefore sufficient to call into question the existence of any consent.

This decision has direct consequences on fishing activities in the region. Spain, which held the majority of fishing licenses in these areas, is particularly affected by this suspension. The Andalusian, Galician and Canarian fleets are thus forced to review their strategies.