European Commission's Stance on Aviation Agreements with Morocco
The European Commission has recently affirmed that the Euro-Mediterranean aviation agreement established between the European Union and Morocco does not extend to flights connecting member states with the region of Western Sahara. This assertion is based on the legal interpretations provided by the EU Court of Justice regarding the legal status of the territory. The clarification came in response to a written inquiry from Spanish MEP Irène Montero concerning the legal basis for flights connecting European cities to the areas of Dakhla and Laayoune in Western Sahara.
In its official response, the Commission explicitly stated that the Euro-Mediterranean aviation agreement does not apply to flights originating from a EU member state's territory to Western Sahara. This position emphasizes the Commission's reliance on the judgments rendered by the EU Court of Justice, which has previously established that Western Sahara has a distinct legal status separate from Morocco.
The inquiry raised by MEP Montero highlighted the operations of European airlines on routes between Paris and Dakhla, Madrid and Dakhla, and Las Palmas de Gran Canaria and Laayoune. Montero requested that the Commission clarify the legal and administrative basis underpinning these flights and their compliance with EU law and the rulings of the EU Court of Justice.
This clarification follows a significant ruling by the EU Court of Justice on October 4, 2024, which confirmed that Western Sahara possesses a separate and distinct legal status from Morocco. The court's ruling indicated that agreements made between the EU and Morocco cannot encompass the territory without fulfilling relevant legal conditions.
The Commission's response reiterates the legal framework governing European activities and agreements related to Western Sahara, including air transport, in light of the European judiciary's rulings on the territory's separate status. This issue continues to be a point of legal and institutional discussion within the EU regarding the applicability of agreements made with Morocco in relation to Western Sahara and matters concerning the representation of the territory and the rights of its people.
Meanwhile, the Polisario Front remains active on both legal and political fronts within European and international institutions, advocating for the Sahrawi people's right to self-determination.
As reported by elayem.news.