ricardo gosalbo bono The Polisario Front, the Norms of International Law and the Law of the European Union: Notes on the Judgment of the General Court of 10 December 2015, Case T-512/12, Polisario Front v. Council

Abstract

The judgment of the General Court of 10 December 2015 is extraordinary for several reasons. First, the judgment raises important legal questions in the field of the relationship between European Union law and international law. Secondly, the General Court, invoking reasons of doubtful legality, admits the capacity of the Polisario Front to institute proceedings as a legal person directly and individually concerned, under article 263 TFEU, by the Decision of 8 March 2012 on the conclusion of an agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco. Thirdly, for the first time ever an individual applicant has been able to bring an action for annulment and has obtained the annulment of a decision of conclusion of an international agreement between the European Union and a third State. Fourthly, for the first time the European Union judge has laid down a duty, for the Council of the European Union, to examine carefully and impartially, prior to the conclusion of an international agreement, all the relevant elements to ensure that the potential implementation of such agreement does not lead to, or indirectly encourages, the violation of the fundamental rights of the people of a controversial territory, or benefits therefrom, and in particular the rights derived from the principle of permanent sovereignty over natural resources as a corollary of the principle of self-determination. Fifthly, the General Court omits in its judgment to consider the legal consequences, under international law, of the annulment of a domestic decision that expresses the consent of the European Union to be bound by an international treaty. Sixthly, the judgment of the General Court does not set any limitation ratione temporis on the effects of the judgment and, therefore, fails to ensure the necessary legal certainty, in particular for the economic operators, as regards the applicability of the international commitments entered into by the European Union within the Union’s legal order.