07 October 2021

Contesting Consent

On 29 September 2021, the EU General Court (GC) annulled Council decisions approving trade and fisheries agreements concluded between the European Union and the Kingdom of Morocco. An earlier post by Eva Kassoti gave an overview of the factual and legal background to the judgments and offered insightful critical analysis. This post will focus on how the GC approaches the issue of how the EU authorities could receive the ‘consent’ from the people of Western Sahara. Continue reading >>
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06 October 2021

The Long Road Home

On 29 September 2021 the General Court (GC) issued two important judgments annulling the Council decisions on the conclusion of the EU-Morocco Sustainable Fisheries Partnership Agreement and on the amendment of Protocols 1 and 4 to the EU-Morocco Association Agreement. These judgments are the latest instalment in the continuing Western Sahara saga before the CJEU and they are of seminal importance both in assessing the Court’s approach to international law in its practice, and, more fundamentally, in assessing the EU’s commitment to the strict observance of international law in its relations with the wider world. Continue reading >>
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02 March 2018

A Line in the Sand: The ‘Strict Observance’ of International Law in the Western Sahara Case

When the EU makes international agreements and implements them, its scope is not only limited by the competence allocation and procedures in its own primary law but also by fundamental features of the international legal order. In the Western Sahara judgment, the CJEU has drawn lines in the sand not only geographically but also constitutionally. Continue reading >>
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