The contribution starts by reviewing the main facts under scrutiny in the judicial pronouncements concerning the controversial application of the EU-Morocco agreements to the territories of Western Sahara. The review particularly focuses on the principle of good administration and procedural requirements at the interface between EU law and international law (Section 2). The contribution then reflects on the role of the principle of good administration in embedding political discretion within a procedural legal framework guiding the conduct of the EU’s external action (Section 3). Subsequently, it assesses the response of the EU institutions formally extending the contested EU-Morocco liberalisation agreements to the non-self-governing territories of Western Sahara and the unfortunate merging of consultation and consent (Section 4).
‘The Polisario saga: the principle of good administration and the interface between EU law and international law’
Alessandro PETTI
2022
Abstract
The contribution starts by reviewing the main facts under scrutiny in the judicial pronouncements concerning the controversial application of the EU-Morocco agreements to the territories of Western Sahara. The review particularly focuses on the principle of good administration and procedural requirements at the interface between EU law and international law (Section 2). The contribution then reflects on the role of the principle of good administration in embedding political discretion within a procedural legal framework guiding the conduct of the EU’s external action (Section 3). Subsequently, it assesses the response of the EU institutions formally extending the contested EU-Morocco liberalisation agreements to the non-self-governing territories of Western Sahara and the unfortunate merging of consultation and consent (Section 4).
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