The war of the worlds: reality vs. legal formalism or the power of interpretation (On the EUCJ ruling of 27 February 2018, Western Sahara Campaign UK, C-266/16)
DOI:
https://doi.org/10.18042/cepc/rdce.60.02Keywords:
Judicial control of EU agreements, EU-Morocco agreement and protocol on fisheries, interpretation of treaties, principle of systemic integration, EU’s subjection to international law, self-determination of peoples, Western Sahara.Abstract
EUCJ Ruling of 27 February 2018, C-266/16, affirms the validity of the EU-Morocco Agreement 2006 and its 2013 Protocol on fisheries against the views purported by the Advocate General M. Wathelet in its previous conclusions of last January. However, at the same time the Court rejects the application of the aforesaid agreements to the waters contiguous to Western Sahara claimed by EU institutions and some member States, insofar as the validity of such agreements is founded in its conformity with general norms of International Law —namely the right of self-determination of the people of Western Sahara— that excludes such territorial extension in spite of the facts. Notwithstanding, the judgment of the Court, presumedly founded in the principle of systemic integration (art. 31.3.c) VCLT), lies in a strictly formal appreciation of the case and its selective approach to the Vienna Convention rules regarding treaty interpretation (art. 31) remains aside of the reality. Trying to save the political credibility of EU foreign action in a specially controverted issue, the Court affords a solution that misleads its judicial function.Additional Files
Published
2018-07-27
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