BRUSSELS – The MEP, Florent Marcellesi, welcomed the decision of the Tribunal on Wednesday European Union (EU), which has ruled that the civil aviation agreement concluded between the EU and Morocco in January 2018 is not applicable to the territory of Western Sahara and its airspace.
"I welcome another major victory for the Saharawi people in the European Union Court and a new condemnation of the Commission by the highest court of the EU", said Florent Marcellesi, recalling that "the group of the Greens in the European Parliament had denounced, on many occasions, the illegal application of the EU-Morocco air agreement to the occupied Saharawi territories".
The MEP also argued that "the decision of the European Court will have immediate consequences for EU carriers and passengers, including the Canary Islands, who have no legal basis for flights to and from Western Sahara ", stating that" the irresponsible behavior of the Commission has endangered the life of the EU ".
"The Greens will immediately call on the Commission to clarify the consequences of this decision, and we hope that this will finally allow the EU to become aware of the illegality of the proposed fisheries and fisheries agreements. the agriculture it tries to pass through Parliament, but will suffer the same fate as that of the air agreement if they are adopted ", argued the parliamentarian.
"How many more defeats are needed in the courts for the EU to finally understand that respect for the law is important, including in the maintenance of external relations?" He asked.
The EU Tribunal, seized by the Polisario Front, ruled in an order that the agreement on civil aviation concluded in January 2018, between the EU and Morocco, is without application to the territory of the Sahara and its airspace
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, "said the verdict.
The Tribunal stated in its decision 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 of the European Court 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 'Air Agreement'.
Reacting to the decision taken by European justice, the Polisario Front welcomed, for its part, having initiated this appeal which, after the judgments of 2016 and 2018 of the European Court of Justice (CJEU), allows to "clear a complete building of sovereignty including land, sea and airspace."
The Polisario Front stressed that the European court has ruled, for the third time, explicitly on the issue of Saharawi sovereignty, while "the European political power is lost in maneuvers of circumvention of the law".