Advocate General’s Opinion in Case C-266/16. Western Sahara Campaign v Secretary of State for Environment, Food and Rural Affairs and Commissioners for Her Majesty’s Revenue and Customs

Summary:

According to Advocate General Wathelet, the Fisheries Agreement concluded between the EU and Morocco is invalid because it applies to the Western Sahara and its adjacent waters.

By concluding that agreement, the EU was in breach of its obligation to respect the right of the people of Western Sahara to self-determination and not to recognise an illegal situation resulting from breach of that right and has not put in place the safeguards necessary to ensure that the exploitation of the natural resources of Western Sahara is for the benefit of the people of that territory.

Commentary and Analysis

EU Law Analysis, 01/03/2018: Court of Justice further clarifies the application of the EU-Morocco Fisheries Partnership Agreement to Western Sahara http://eulawanalysis.blogspot.co.uk/2018/03/court-of-justice-further-clarifies.html

Verfassungsblog, 02/03/2018: A line in the sand: the ‘strict observance’ of international law in the Western Sahara Case https://verfassungsblog.de/a-line-in-the-sand-the-strict-observance-of-international-law-in-the-western-sahara-case/

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ESO Records

Judgment in Case C-104/16 P. Council v Front populaire pour la libération de la saguia-el-hamra et du rio de oro (Front Polisario) http://www.europeansources.info/record/judgment-in-case-c-104-16-p-council-v-front-populaire-pour-la-liberation-de-la-saguia-el-hamra-et-du-rio-de-oro-front-polisario/

Court of Justice ruling on Western Sahara reveals EU’s mixed signals http://www.europeansources.info/record/court-of-justice-ruling-on-western-sahara-reveals-eus-mixed-signals/

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