L’Union Européenne et la question du Sahara: entre la reconnaissance de la souveraineté du Maroc et les errements de la justice européenne

• Autores: Abdelhamid El Ouali
• Localización: European papers: a journal on law and integration, ISSN-e 2499-8249, Vol. 2, Nº. 3, 2017, págs. 923-951
• Idioma: francés
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• Resumen

  • This Dialogue aims at addressing the ambivalent policy of the EU with regard to the Western Sahara conflict. Adopting a strictly legal perspective, it seeks to show that, while the political organs of the EU (the Council and the Commission) have recognized, through several international agreements signed in the past thirty years as well as through their subsequent conduct to these agreements, the sovereignty of Morocco over Western Sahara territory, the judicial organs of the EU (the General Court, in the first instance, and the Court of Justice, on appeal) have recently adopted an opposite stand (see General Court, judgment of 10 December 2015, case T-512/12, Front Polisario v. Coucil of the European Union and Court of Justice, judgment of 21 December 2016, case C-104/16 P, Council of the European Union v. Front Polisario [GC]), and taken the risk to act ultra vires as their decisions are legally unfounded and contradict major principles of international law.