In a landmark ruling on October 4, 2024, the European Court of Justice (CJEU) reaffirmed that Morocco has no sovereignty over Western Sahara, declaring any EU-Morocco agreements involving the territory invalid. This decision is being hailed as a historic victory for the Saharawi people, marking a significant win for the Polisario Front, the UN-recognized and legitimate representative of the Saharawi people.

The ruling reiterates a long-standing legal stance adopted in previous EU Court’s decisions that Western Sahara is a “separate and distinct” territory, and that any agreements affecting the region’s resources or trade must receive the explicit consent of the Saharawi people, represented by their legitimate political leadership, Polisario Front and the Sahrawi Republic.

The Court’s Key Ruling: Invalidating EU-Morocco Agreements

In the decision delivered by Koen Lenaerts, President of the CJEU, at 09:55 on October 4, 2024, the court rejected all appeals from the EU Council and the European Commission and reaffirmed its previous rulings that Western Sahara cannot be part of any trade or fisheries agreements between the EU and Morocco. This conclusion follows several years of legal battles over the territorial status of Western Sahara, building upon rulings issued in 2016 and 2018.

The court specifically declared that the EU-Morocco trade and fisheries agreements currently involving Western Sahara must be terminated within one year. The judgment emphasized that the European Commission had violated the rights of the people of Western Sahara by concluding deals with Morocco that included resources from the occupied territory without the consent of the Saharawi people.

A History of Legal Precedent

This ruling is the latest in a series of court decisions dating back nearly a decade. Each one has steadily reinforced the separate status of Western Sahara and the Saharawi people’s right to self-determination.

The European Court of Justice found that the EU’s actions breached international law, specifically regarding the principle of self-determination. International law holds that the people of non-self-governing territories like Western Sahara have the right to determine their own future, including control over their natural resources. According to the UN Charter and UN General Assembly Resolution 34/37, Morocco has no legitimate claim to sovereignty over the territory. The Polisario Front has been recognized as the legal representative of the Saharawi people, a point further cemented by this ruling.

The 2021 rulings established that consultations with Moroccan stakeholders to justify the EU’s agreements were invalid. The Saharawi people were not involved in these consultations, and today’s decision reiterated that any such agreements are illegitimate without their explicit consent.

Economic and Political Implications

The ruling sends a clear message: Western Sahara remains an occupied territory, and any attempt to include it in international agreements with Morocco is a violation of international legality. The decision also deals a severe blow to Morocco’s economic and political leverage in maintaining its occupation of Western Sahara, especially regarding its exploitation of the region’s fisheries and agricultural products.

One of the court’s specific mandates is the proper labeling of products from the region. For instance, fruits and vegetables produced in Western Sahara must now be labeled as such, excluding any reference to Morocco, thereby preventing consumer deception about the origin of these goods.

Response from the Saharawi Leadership

The Polisario Front and the Sahrawi Arab Democratic Republic (SADR) immediately hailed the decision as a historic victory for their struggle for independence. In a press release from Bir Lehlou, the SADR Presidency declared:

“This ruling represents an unprecedented victory for the Saharawi people and strengthens their rightful struggle for freedom and independence. It marks the triumph of international legality over Morocco’s illegal occupation and its plunder of Saharawi resources.”

The SADR also emphasized that the court’s ruling reinforces the legal status of Western Sahara as a separate territory, and prevents future circumventions of judicial decisions by EU institutions or Morocco.

EU’s Position and Future Relations with Morocco

In the aftermath of the ruling, EU leaders have acknowledged the court’s decision but also reiterated their desire to maintain a strong partnership with Morocco. A joint statement from European Commission President Ursula von der Leyen and EU High Representative Josep Borrell emphasized that while the court’s ruling is respected, the EU-Morocco relationship remains critical.

The EU’s next steps will involve a complex balancing act. On one hand, it must comply with the court’s decisions and uphold international law, particularly respecting the Saharawi people’s right to self-determination. On the other, the EU seeks to preserve its strategic partnership with Morocco, which has been a long-standing ally in areas like trade, security, and migration.

The Ruling is a Milestone for Sahrawi struggle for freedom

As the legal battles over Western Sahara come to a head, the October 4, 2024 ruling represents a defining moment in the territory’s quest for independence. The CJEU has once again affirmed the rights of the Saharawi people, standing firmly against Morocco’s attempts to assert sovereignty over the territory. This ruling marks a victory not just for the Polisario Front, but for international law and justice in the broader decolonization movement. Going forward, the EU must align its policies with this ruling, ensuring that future agreements respect the sovereignty and consent of the people of Western Sahara or clearly declare war against its own European Laws and Courts.