Civil Aviation Agreement between the EU and Morocco does not apply to Western Sahara

New decision of the General Court of the European Union: Civil Aviation Agreement between the EU and Morocco does not apply to Western Sahara

After the land and the sea, the airspace: by an order of 30 November 2018, the Court of the European Union, which had been seized by the Frente POLISARIO, considers that the agreement on civil aviation concluded in January 2018, between the European Union and Morocco, is without application to the territory of Western 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 range of powers recognized to sovereign entities by international law, to the exclusion of any other territory such as that of Western Sahara “. The Tribunal adds 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”. Likewise, the Tribunal stresses with great precision: “the European Union 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”.

The Frente POLISARIO is pleased to have initiated this appeal which, after the judgments of 2016 and 2018, makes it possible to release a complete building of sovereignty: the land, the sea and the airspace. While European political power is straying into circumvention of the law, the European court, for the third time, explicitly rules on the question of sovereignty. Read more

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