LUXEMBOURG- The European Union (EU) Court, seized by the Polisario Front, considers that the agreement on the Civil Aviation concluded in January 2018, between the European Union and Morocco, is without application to the territory of Western Sahara and its airspace, a decision "widely welcomed" by the Polisario Front, according to a document sent Wednesday to the APS.
"The EU Tribunal, seized by the Polisario Front, ruled last Friday in an order that the agreement on civil aviation concluded in January 2018, between the EU and Morocco, is without application Western Sahara and its airspace, "the verdict said.
For the European Judge, it is necessary to understand the notion of the territory of Morocco as "referring to the geographical area over which the Kingdom of Morocco exercises the full scope of the competences recognized by the international law of sovereign entities," exclusion from any other territory such as Western Sahara "
The Tribunal added that the inclusion of the territory of Western Sahara would infringe "the principle of self-determination referred to in Article 1 of the United Nations Charter and the principle of the relative effect of treaties".
Similarly, the order emphasized "with great precision" that the EU "can not validly share an intention of the Kingdom of Morocco to include the territory in question in the chamber of application of the agreement" .
== New juridical and diplomatic victory for the Polisario ==
For its part, the Polisario Front, he was pleased to have initiated this appeal which, after the judgments of 2016 and 2018, allows "to clear a complete building of sovereignty: the land, the sea and the sea. airspace, while, he stressed, the European political power is lost in circumvention of the law, the European jurisdiction, for the third time, expressly rules on the question of sovereignty. "
This decision shows, according to the coordinator between the Polisario and the Minurso, M'hamed KHADAD, "the amateurism and lack of vision of the European Commission that affirmed these days that with the so-called process extension it would bring legal certainty, and this while she had simply forgotten in his reasoning that there was an airspace Sahraoui! Everything is to redo ".
The Sahrawi coordinator with the UN Mission for the Organization of the Referendum in Western Sahara (Minurso) also affirmed that this court decision has concrete and immediate implications.
"To date, airlines such as Transavia, Binter and Royal Air Maroc have no longer any legal backing to claim regular flights between El Aayoun or Dakhla, occupied Saharawi cities and the European Union".
These companies, which are subject to European law, he continued, "clearly commit their civil and criminal liability.But this judgment has a much broader scope, Indeed, it is all space concerned: no international agreement applies in this territory, in the absence of authorization of the representative of the people of Western Sahara (the Polisario Front) ".
Mr. Khadad further stated that "no international agreement is applicable to airspace, and no authority can make decisions to give legal certainty to airplanes wishing to transit through the territory" .
Therefore, he argued, the Polisario Front "opposes the use of Western Sahara airspace by civilian and military aircraft, with the sole reservation of MINURSO aircraft, as part of mission for peace ".
"More than ever, it is clear that stability and security in this part of the world will come through the application of international law, with the withdrawal of all foreign companies, and the organization of the referendum of self-determination" , concluded Mr. Khadad.
As the Geneva talks begin, this court decision comes at the right moment to recall that it is the reality of the applicable law, that is to say the separate and distinct status of the territory
land, sea and air of Western Sahara and the absence of any Moroccan sovereignty with regard to this Saharawi territory, it was estimated.