By its decision in first instance concerning the agricultural and fishing agreements with Morocco, the General Court of the European Union (EU) “exceeded” its powers by itself assessing the quality of the applicant, said on Wednesday the professor. of international relations at Mohammed V University in Rabat, Zakaria Aboudahab.
“The General Court of the EU exceeded its powers by considering that the separatist movement of the Polisario had the capacity to act as a subject of international law, which all jurists dispute”, explained this expert in international law in a statement to the MAP.
By qualifying, in its interpretation, that there is an alleged people represented by the separatist front, the Tribunal omitted the fact that the majority of Sahrawis live in Morocco, noted Mr. Aboudahab.
For this expert evaluator at the National Center for Scientific and Technical Research, the reading made by the EU court is “in contradiction” with a consultation given by a lawyer mobilized by the Security Council, who had considered that the exploitation of natural resources in the Sahara is legal as long as the populations living there benefit from them.
Noting that the decision taken by the EU court came as a surprise to him, the academic said he expected a correction of this decision on appeal in the next 70 days, especially since the decision does not is not suspensive of the two agreements.
The court of the European Union rendered, Wednesday, its judgment in first instance concerning the appeal for annulment of the decisions of the European Council on the subject of the agricultural and fishing agreements with Morocco.
The tribunal annulled these decisions “while maintaining their effects for a certain period in order to preserve the external action of the European Union and the legal certainty of its international commitments”.
He explained that the effects of the two agreements are maintained “because their cancellation with immediate effect is likely to have serious consequences on the external action of the European Union and to call into question the legal certainty of the international commitments to which it has. consented ”.