CJEU decision reveals significant flaws

CJEU decision reveals significant flaws
CJEU decision reveals significant flaws

In a final judgment rendered this Friday, October 4, the Court of Justice of the European Union (CJEU), canceled fishing and agricultural agreements between Morocco and the European Union. This final decision follows appeals brought by the European Commission, which were rejected. The Court emphasized that these agreements had not taken into account the “people of the Sahara”, considering that their validity depended on their prior consent.

Approached by Hespress FR, the analyst and political scientist Moulay Hicham Moatadid, estimated in this regard that “ The recent decision of the CJEU, annulling the fishing and agricultural agreements between the EU and Morocco, reveals significant legal, political and diplomatic flaws. By invoking the absence of explicit consent of the so-called “people of Western Sahara”, the CJEU adopts a legal interpretation which distances itself not only from the factual realities on the ground, but also from the international diplomatic framework governing this territory.« .

Despite recognition of the consultations carried out by the European Commission with local populations, notes the expert, the Court considers these steps insufficient, thus reflecting a legal understanding ” too formal and disconnected from local realities and the actors directly concerned« .

“This approach, which appears to circumvent United Nations processes and mechanisms, not only weakens the decision-making processes in place, but also neglects the effective sovereignty that Morocco has exercised for decades over its southern provinces.“, he emphasizes.

Politically, this decision jeopardizes a fundamental strategic partnership between the EU and Morocco. In detail, Hicham Moatadid reveals that “ the latter plays a crucial role in regional security, the management of migratory flows and the stabilization of the Sahel, major priorities for Europe. By weakening these agreements, the CJEU exposes the EU to considerable political and economic risks, and compromises relations with an essential ally. Indeed, Morocco, due to its geographical position and its political commitment, is a key player in the fight against terrorism, the control of irregular migration, and the economic development of the region. Weakening bilateral agreements therefore amounts to compromising crucial European interests, while minimizing the Kingdom’s constant efforts to promote regional stability.« .

For him, the narrow legalist interpretation of the CJEU seems to ignore the common geopolitical interests that bind the EU and Morocco, by reducing the agreements to a simple technical and legal dimension. This approach not only minimizes the scope of bilateral relations but also risks fueling unnecessary tensions in a region already weakened by numerous security and socio-economic challenges.

On a legal level, the decision of the CJEU, although ambitious, is also marked by “operational fragility”. The postponement of the cancellation of the agricultural agreement for a period of 12 months constitutes an implicit recognition of the capital importance of these agreements for the EU’s external action. This reprieve highlights the absence of immediate and realistic solutions, as well as the difficulties in implementing judicial decisions without causing major disruptions in commercial and diplomatic relations. In other words, the CJEU is committed to “a legally uncertain path, risking further complicating the already complex relations between the Union and its partners in the southern Mediterranean”.

Furthermore, Moatadid indicates that “ the requirement for specific labeling for products originating from the Sahara reflects a lack of understanding of the economic and logistical realities of the region. The introduction of such a measure creates unnecessary administrative and commercial obstacles, which risk harming the fluidity of trade between the EU and Morocco. This initiative, far from guaranteeing the desired legal certainty, risks rather reinforcing uncertainty around economic relations between the two partners, and increasing bureaucratic complexity without legitimate justification.“. It is feared that this decision will aggravate economic tensions in a region where Morocco, through its de facto and de jure sovereignty, has demonstrated its ability to effectively manage commercial and social issues.

Finally, beyond its immediate implications, this decision by the CJEU could also have longer-term repercussions on the stability of Euro-Mediterranean relations. “By seeking to impose legal constraints on a strategic partner, the EU runs the risk of seeing its position weakened in a rapidly changing international context, where other powers could seek to take advantage of these differences to assert themselves in the region”, concludes our speaker.

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