Adala UK expresses its profound concern regarding the fifteenth meeting of the EU–Morocco Association Council and the political direction reflected in the joint communiqué issued on 29 January 2026.

While the communiqué repeatedly affirms a shared commitment to a “rules-based international order,” multilateralism, and respect for international law, the substance of the meeting and the political endorsement implicit in its conclusions raise serious legal, ethical, and institutional contradictions—particularly with regard to Western Sahara.

A Partnership Built on Selective Respect for Law

The European Union and Morocco describe their relationship as “strategic, multidimensional, and privileged,” grounded in shared values and mutual trust. Yet, when assessed against binding international law and the jurisprudence of the Court of Justice of the European Union (CJEU), this partnership appears increasingly selective in its respect for legal norms.

Most troubling is the continued political and practical normalization of agreements between the EU and Morocco that are applied, de facto or de jure, to Western Sahara—a territory that the CJEU has unequivocally confirmed is distinct and separate from the Kingdom of Morocco.

In its landmark judgments of 21 December 2016 (Case C-104/16 P) and 4 October 2024 (Joined Cases C-779/21 P and C-799/21 P), the Court held with exceptional clarity that:

• Western Sahara does not form part of Moroccan territory under international law;
• No EU–Morocco agreement may lawfully apply to Western Sahara or its adjacent waters without the free and genuine consent of the people of Western Sahara; and
• Such consent cannot be presumed, substituted, or inferred from consultations conducted under Moroccan administration.

These rulings are not political opinions; they are binding interpretations of Union law. Any EU action that disregards them undermines the constitutional legal order of the Union itself.

Council Decision (EU) 2025/2022: A Direct Legal Risk

Against this legal backdrop, Council Decision (EU) 2025/2022 of 2 October 2025, authorizing the signing and provisional application of amendments to Protocols 1 and 4 of the EU–Morocco Association Agreement, is deeply problematic.

The provisional application of this agreement—particularly insofar as it extends preferential trade treatment and cooperation measures to goods originating in Western Sahara under Moroccan administration—raises profound concerns:

• It risks violating the right of the Sahrawi people to self-determination, enshrined in Article 1(2) of the UN Charter and Article 21 of the Treaty on European Union.
• It circumvents and effectively neutralizes binding CJEU judgments, thereby eroding the authority of the Court.
• It undermines the credibility of the EU’s external action, which claims to be guided by human rights, legality, and accountability.

Political enthusiasm cannot lawfully substitute for judicial compliance.

Inconsistencies in the EU’s Position on Territorial Integrity

The joint communiqué devotes considerable attention to reaffirming respect for the sovereignty and territorial integrity of Ukraine within its internationally recognized borders—correctly grounding this position in the UN Charter and international law.

Yet this principled stance contrasts sharply with the EU’s approach to Western Sahara, where the same legal framework—prohibition of territorial acquisition by force and the right of peoples to self-determination—is treated as negotiable or secondary to geopolitical convenience.

International law cannot be applied à la carte without hollowing out its normative force.

The Question of Autonomy and Self-Determination

The communiqué welcomes UN Security Council Resolution 2797 (2025) and reiterates support for negotiations “based on the Moroccan autonomy plan.” However, it is essential to recall that self-determination under international law cannot be predetermined by one party’s proposal, nor can it be realized absent the free and genuine expression of the will of the people concerned.

Endorsing an autonomy framework within Moroccan sovereignty, without ensuring a lawful and credible process of self-determination, risks prejudging the outcome of a UN-led process and further marginalizing the Sahrawi people as subjects of international law.

What the EU Must Do

In light of these developments, Adala UK urges the European Union to realign its external action with its legal obligations by:

1. Suspending the provisional application of the amended EU–Morocco Agreement pending a full and transparent assessment of its compatibility with CJEU judgments.
2. Engaging directly and meaningfully with the Frente Polisario, recognized by the United Nations as the legitimate representative of the people of Western Sahara.
3. Ensuring transparency and accountability in any trade, aid, or monitoring mechanisms affecting Western Sahara.
4. Redirecting EU assistance toward humanitarian, educational, and protection-oriented programs benefiting Sahrawi refugees, in coordination with UN agencies.
5. Reaffirming unequivocal support for a political solution that enables the Sahrawi people to freely exercise their right to self-determination.

Conclusion: Credibility Is a Legal Obligation

The European Union has long presented itself as a global champion of human rights, judicial authority, and the rule of law. That credibility does not depend on declarations or communiqués, but on compliance with its own courts and with international law.

Respecting the rulings of the Court of Justice of the European Union in relation to Western Sahara is not optional. It is a legal duty—and a litmus test of whether the EU’s commitment to a rules-based international order is genuine or merely rhetorical.

Adala UK therefore calls on the European Commission to provide a formal and reasoned explanation of the legal basis for the provisional application of the EU–Morocco Agreement and to detail the concrete measures being taken to ensure full compliance with EU law and international legal obligations.

Adala UK Team

www.adalauk.org

Email: info@adalauk.org

London, United Kingdom

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