El Sáhara occidental, de nuevo, en Luxemburgolas implicaciones de una unión de Derecho, también internacional

Résumé

The Conclusions of AG F. Whatelet in the case C-266/16 The Queen y Western Sahara Campaign /Secretary of State for Environment, Food and Rural Affairs y Commissioners for Her Majesty’s Revenue and Customs made public on 10 January, considers the validity of the EU-Morocco´s Agreement and the Protocol on Fisheries of 2006 and 2013, taking into account their applicability to Western Sahara. Recognizing the ability of preliminary rulings as a way to control the legality of EU’s international agreements, the AG plaids for the invocability of international norms by individuals in the case, and argues about the invalidity of the agreements inasmuch as they infringes the right of self-determination of the people of Western Sahara and its sovereignty over their natural resources, then revealing a breach of art. 3.5 TEU, on the conformity of EU Law to International Law and the UN Charter