2023 is poised to close a long legal saga surrounding the western Sahara, a former Spanish colony. The Polisario Front, a Saharan independence movement in exile, has taken its case to the Court of Justice of the European Union (CJEU). The dispute centers on fisheries and free trade agreements between Morocco and the European Union, negotiations that began while decolonization of Western Sahara remained unresolved. If the CJEU upholds the 2021 General Court ruling, importing tomatoes, octopuses, and other Western Sahara resources from Dakhla, the old capital Villa Cisneros, could require the Polisario Front’s consent as a prerequisite, given its role as the representative authority of the Sahrawi people in exile and its ongoing conflict with Morocco.
Legal uncertainties run deep and could trigger billions in potential compensation, according to the Polisario Front’s Paris counsel. The dispute also impacts Spanish fisheries, notably communities in Galicia, Andalusia, and the Canary Islands. On 17 July, the contested agreements — their legality hinging on penalties to be outlined by the Luxembourg-based CJEU before year-end or early next year — reach a critical juncture. The following timeline outlines the jurisdictional conflict over EU-Morocco arrangements, prepared with insights from Juan Soroeta, a professor of Public International Law at the University of the Basque Country and an expert on Western Sahara.
2000 FREE TRADE AGREEMENT. The EU-Morocco Euro-Mediterranean Association Agreement establishing a free trade area enters into force.
2007 FISHING AGREEMENT. The second phase of the EU-Morocco Association Agreement expands fishing cooperation, following multiple ratifications since Spain joined the Union in 1986. Previously, Spain conducted direct talks with Morocco regarding fishing in Western Sahara waters.
2012 RESOURCES FROM THE POLISARIO FRONT. The Polisario Front opposes both agreements, arguing that Western Sahara is non-autonomous and that decolonization is still pending. Since Western Sahara is not part of Morocco, applying a treaty to Sahrawi territory would violate international law, as the region cannot be treated as a contract party to the agreements.
2015 FREE TRADE AGREEMENTS. FIRST DECISION OF THE GENERAL COURT. In response to questions from citizens and companies, the General Court of the European Union, acting at the Polisario Front’s request, held that the free trade agreement does not extend to Western Sahara, which is viewed as a separate region not part of the Kingdom of Morocco. From that point, the court indicated that future agreements would require consent from the people of Western Sahara.
2016 VOIDING OF THE 2015 JUDGMENT. EU institutions responded to the CJEU’s stance by seeking clarification on the regulations, while emphasizing that from that moment on any agreement needed the consent of Western Sahara’s people.
2018 FISHING AGREEMENTS. THE QUESTION AND THE CONSEQUENCE. The legality of fishing agreements reached the CJEU via a preliminary ruling from the British High Court. An NGO, Western Sahara Campaign, challenged two UK ministries for enforcing EU-Morocco fisheries arrangements in the United Kingdom. The British court asked the CJEU whether a state occupying another country could negotiate over its own natural resources.
2018 FISHING AGREEMENTS. CONCLUSIONS OF THE GENERAL COUNSEL. The Attorney General’s report suggested that EU fishing deals with Morocco risk violating the Saharan people’s right to self-determination and their permanent sovereignty over natural resources, potentially increasing international responsibility for recognizing Moroccan sovereignty over Western Sahara. The report also warned that such behavior could reinforce violations linked to military occupation, according to Juan Soroeta.
2018 FISHING AGREEMENTS. ABAD’S FIRST DECISION. Despite the attorney general’s conclusions, a subsequent decision found no proven violation of international law stemming from the agreements, as their application in Western Sahara had not been demonstrated. Nevertheless, it reiterated that future deals would require consent from Western Sahara’s people.
2019 NEW FREE TRADE AND FISHING AGREEMENTS. To meet the consent requirement, the EU Commission dispatched regional experts to gauge approval from affected populations. Their meetings included associations in the region, including settler groups in Morocco, while Polisario Front opposition remained clear. After indicating approval, the European Parliament gave assent and two four-year agreements were signed, effective from February 2019 to July 17. Soroeta noted that these agreements clearly cover Western Sahara, challenging arguments that they do not. The Polisario Front continued to oppose both accords.
GENERAL COURT DECISIONS ON FREE TRADE AND FISHING AGREEMENTS FOR 2021. In two rulings dated September 29 of that year, the General Court annulled both agreements. The Commission’s acceptance of consultations with affected populations did not equate to consent from Western Sahara’s people, specifically the Polisario Front, which was deemed the sole legitimate representative of the Saharan people for EU courts. The Commission reserved its right to appeal to the CJEU, which would determine the matter as the final recourse.
March 2022 PEDRO SÁNCHEZ TURN. A letter from Pedro Sánchez to Mohamed VI proposed an autonomy plan for Western Sahara within the Kingdom of Morocco, described as serious, credible, and realistic for resolving the historical conflict.
17 July 2023 END OF FISHING AGREEMENT. Both contracts expired because the General Court, while declaring them invalid in 2019, allowed continued enforcement until that date. This was despite the court’s own acknowledgment that the agreements violated the international law principle of self-determination. Under the Law of Treaties, a treaty violating an imperative norm is invalid. The EU stated it would not renegotiate these arrangements until a final CJEU decision is rendered.
By late 2023 or early 2024, the CJEU was expected to issue its final ruling within months. The oral procedure was anticipated for October or November, with a decision potentially affecting Spanish firms such as Indra, Gamesa, Cemengal, or Discefa, which have interests in the region or import Saharan produce. A Polisario Front attorney estimated potential compensation of up to 8 billion euros in this context.
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