REV - Anuario Español de Derecho Internacional - 2022 - Vol. XXXVIII

Permanent URI for this collectionhttps://hdl.handle.net/10171/66488

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Subject search.filters.subject.Acuerdo de pesca de 2019

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    «¿Retorno a la historia?» El Tribunal General de la UE ante el Acuerdo de Pesca UE-Marruecos de 2019. Consideraciones en torno a la Sentencia TG (Sala 9ª) de 29 de septiembre de 2021, «Frente Polisario C. Consejo de la Unión Europea», asuntos acumulados T-344/2019 y T-356/19
    (Servicio de Publicaciones de la Universidad de Navarra, 2022) González-Vega, J.A. (Javier A.)
    The GC judgment of September 29, 2021, Polisario Front v. Council (joined cases T-344/19 and T-356/19) has declared null and void the decision of the Council of the eu, through which the Fisheries Agreement between the Kingdom of Morocco and the European Union has been concluded. The decision is of undoubted importance, but its effects are hampered insofar as last December the Council and the Commission has filed appeals against it before the CJ. Anyway, the GC decision raises interesting questions both from the perspective of international law and European Union law. Regarding the latter, specifically, the gc, based on the recent CJ Judgment Venezuela v. Council, recognizes the international legal personality –and the consequent legitimacy– of the Polisario Front to file an appeal before the jurisdictional instances of the eu, affirms its direct and individual concern to the questioned decision and avoids the obstacles put by the ATAA jurisprudence to invoke the principles of international law in question – self-determination and the relative effect of treaties. From the perspective of international law, which has once again been decisive in the case, the GC confers on the Polisario Front the status of representative of the people of Western Sahara and judges its participation in the process of concluding the agreement as fundamental, ruling out the artifice of the consultations with the population concerned –in which it did not participate– as feasible to formalize the consent of the people of Western Sahara required by the CJ Judgments Polisario Front/ Council and Western Sahara Campaign UK, also putting into perspective the value of the famous «Corell opinion», hypostatized by the EU institutions to justify their actions. On the other hand, despite being based on international law, there is not the slightest mention in the decision to ius cogens in spite of its evident implications in the context of the matter. Finally, the ultimate scope of the judgment remains to be seen. The resolution of the pending appeals of the Council and the Commission, will make that the last word fall on the CJ, there being elements in the GC decision that make it feasible that, once again, the CJ overcomes the formidable hurdle that it has before at present.