Elena Valenciano wrote that the response to the European Court of Justice’s latest ruling on Western Sahara shows that if the EU focuses on what it can achieve instead of targeting goals outside its jurisdiction, it will You can stay calm and move on.
Elena Valenciano is a former member of the European Parliament organized by the Spanish Socialist Party and Democratic Party.
Have two feelings Already seen Surprisingly, the Court of Justice of the European Union (CJEU) ruled on the applicability of the EU-Morocco Agreement to Western Sahara on September 29.
Some people are puzzled by the resulting uncertainty, because agreements aimed at providing tariff concessions to the region and allowing fishing in adjacent waters have been annulled-although they will apply during the appeal period.
Others are surprised at how far the court has gone in recognizing the claims of the Front Polisario, an armed group not recognized by any EU member state or institution.
Those who are like me feel at ease with the tranquility that surrounds them. This is the sixth ruling of the European Court of Justice on this issue, but this time the situation is quite different.
Whether obvious or not, calmness defines most official reactions. EEAS and Morocco Came out together, Focusing on the importance of strategic bilateral relations and maintaining continuity and stability-both of which are now extremely scarce in the Mediterranean region.
This shows that we may have learned some lessons about how the EU creates conditions on the ground for legal and diplomatic solutions at the international level.
In 2015, the European Court of Justice issued a ruling on this issue for the first time. When the EU-Morocco agreement was abolished in the first instance, the case caused profound diplomatic turmoil, especially the deep comprehensive free trade agreement negotiations came to a halt.
The decision was subsequently overturned on appeal, and the court stated that additional agreements were needed to allow the Saharan people and the economy to benefit from the tariff preferences of the EU-Morocco agreement.
In 2018-19, the European Union and Morocco, including me in the European Parliament, negotiated an updated agreement to meet the requirements of the European Court of Justice. It is particularly noteworthy that our work in the Parliamentary International Trade Committee, led by my political group S&D, requires the European Commission and Morocco to go beyond the court’s instructions.
This led to parliamentary hearings for all political parties including Polisario, a cross-party fact-finding mission in the region, and the establishment of an IT system by the Moroccan authorities to track exports from the region-this is a kind of A unique tool that one cannot find in any other EU trade agreement used by the Commission for its annual evaluation of the agreement, This shows the benefits to local residents.
Now the court has brought everyone back to the drawing board, which seems to be in vain. But the work done for negotiation and implementation, building trust between partners, has not been in vain.
Just like EEAS, some members of the European Parliament, member states and Business community, Which shows that we have now clarified our priorities and roles.
This is the result of increased communication between the parties on the uncertainty raised by the court. When good diplomacy comes into play, this kind of active communication takes place, linking the dots between complex laws and realities on the ground. More importantly, this shows a huge change from the previous example.
After a few months of turbulent relations between Morocco and Spain, and arguably Europe, this shows that we now have a better understanding of the Sahara issue. It has historical and vital significance, but it cannot be resolved only in court or through trade alone, nor can it be allowed to endanger the overall situation of the entire southern EU’s neighboring countries.
The EU should of course continue to support the UN peace process-the appointment of Staffan de Mistura as the new personal envoy of the Secretary-General gives some room for hope.
Regardless of whether the UN process will gain momentum, the question remains: What is the EU’s plan? For now, Brussels seems to want to remain calm, appeal and move on-this may be the Zen course we should learn.
The EU is facing difficulties and obstacles. It is often the case in its international relations. It tries to maintain a set of universal values through strict legal principles, but sometimes lacks the ability and ability to protect and shape these values on the ground.
Specifically, the EU can only support the United Nations Western Sahara process. The Commission, Council and EEAS interpret this as allowing the EU to maintain the socio-economic development of the region and its population through the only available means-through tariff preferences granted by the sole national authority with economic activity.
The court has stated-at present-that the European Union has not obtained the full consent of the Saharans to do so. How to do this is still unclear, because the EU has conducted consultations locally. But it cannot recognize the exclusive status that Polisario wants, because none of its member states.
However, what it can do is to use its trade and investment power to maintain stability and communicate with all parties to ensure that all parties not only understand the strategic risks and opportunities they face, but also understand that the EU is a legitimate animal with multiple minds. ——So it takes time to make up your mind.
This will help everyone stay calm and focus on the common interests of the Mediterranean.
Calmness does not mean standing still and hoping for things to improve.
While the European Court of Justice and the United Nations are performing their duties, the world is constantly changing, and the EU can play its role. From green investment to development funds, this is of great significance to the southern communities-this is one of the regions in the world most affected by climate change, immigration, terrorism and socio-economic instability.
Let us all get to work: the EU may not be able to resolve the international diplomatic impasse, but it can—just as its neighbors are now part of the alliance—create socio-economic conditions that make legal solutions possible in reality and feasible.
