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.
This decision shows the amateurism and the lack of vision of the European Commission that affirmed these days that with the so-called process of extension it would bring the legal security, and that whereas it had simply forgotten in his reasoning that there was Saharawi airspace! Everything has to be done again…
For Mr. Mhamed KHADAD this court decision has immediate practical implications: “To date, airlines such as Transavia, Binter or Royal Air Maroc no longer have any legal support to claim regular flights between El Aaiún or Dakhla and the European Union. These companies, which are subject to European law, clearly undertake their civil and criminal liability. But this judgment has a much broader scope. Indeed, all airspace is concerned: no international agreement applies in this territory, in the absence of authorization from the representative of the people of Western Sahara “.
Mr. Mhamed KHADAD continues: “no international agreement is applicable to airspace, and no authority can make decisions to give legal certainty to aircraft that would like to transit through the territory.” Therefore, the Frente POLISARIO opposes the use of Western Sahara airspace for civilian and military aircraft, with the sole reservation of MINURSO aircraft, as part of the peace mission.
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 on self-determination.
As the Geneva talks begin, this court decision comes at the right time to recall the reality of the applicable law, ie the separate and distinct status of the land, sea and air territories of Western Sahara and the absence of any Moroccan sovereignty over this territory.
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