The Front Polisario v. Council Case: The General Court, Völkerrechtsfreundlichkeit and the External Aspect of European Integration

• Main Author: Eva Kassoti
• Format: Article
• Language: English
• Published: European Papers (www.europeanpapers.eu) 2017-03-01
• Series: European Papers
• Subjects: relationship between international and eu law; völkerrechtsfreundlichkeit; national liberation movement; right to self-determination; obligation of non-recognition; permanent sovereignty over natural resources
• Online Access: https://www.europeanpapers.eu/en/europeanforum/the-front-polisario-v-council-case-general-court-and-volkerrechtsfreundlichkeit

(Series Information) European Papers - A Journal on Law and Integration, 2017 2(1), 339-356 | European Forum Insight of 23 March 2017 | (Table of Contents) I. Introduction. - II. Background to the dispute. - III. The proceedings before the General Court and the Court's Judgment. - III.1. Admissibility. - III.2. The substance of the action. - IV. Analysis and comment. - IV.1. The failure to address the question of Front Polisario's international legal personality. - IV.2. The failure to establish the international legal status of Western Sahara. - IV.3. The failure to take into account the right to self-determination and the corollary obligation of non-recognition. - V. Conclusion. | (Abstract) Over the last few years, the CJEU's approach to international law has sparked a fierce debate in the literature. More recent case-law has challenged the narrative of the CJEU's Völkerrechtsfreundlichkeit and it has called into question the EU's carefully cultivated self-image as a global actor with an attitude of respect and fidelity to international law. The judgment of the General Court in Front Polisario (judgment of 10 December 2015, case T-512/12) is especially relevant since it involved a number of complex international law questions and thus, it provides important insights into how the CJEU treats international law in its practice, thereby feeding directly into the debate over the CJEU's Völkerrechtsfreundlichkeit. The case-note argues that the Court's approach to international law leaves much to be desired and sits uncomfortably with the traditional self-portrayal of the EU as an internationally engaged actor committed to the observance of international law, thereby confirming the view that, in its more recent case-law, the CJEU has abandoned the "international law friendly" tone of its earlier judgments. This Insight only takes into account the judgment of the General Court in the Front Polisario case, while the decision of the Court of Justice (judgment of 21 December 2016, case C-104/16 P, Council v. Front Polisario [GC]) will be the object of a subsequent Insight forthcoming on this European Forum.