Relatività dei trattati internazionali e autodeterminazione dei popoli: il caso ”Front Polisario 2”

In its judgment of 4 October 2024, the Court of Justice of the European Union confirmed the annulment of Council Decision 2019/441 on the EU-Morocco Sustainable Fisheries Partnership Agreement and its Implementing Protocol. After outlining the context and background of the dispute, this contribution aims to analyse the ruling and, in light of the different interpretative solutions adopted by the Court, examines the relationship between the European Union legal system and international law, as well as the principle of the relative effects of international treaties in relation to the right of self-determination of peoples. Notably, the decision underscores the Court’s willingness to adopt a balanced approach, intended to reaffirm respect for international law without limiting the European Union’s role as a global actor. However, from a methodological perspective, this approach raises concerns due to the Court’s choice to interpret international obligations selectively, relying on those principles that are most compatible with the interests of the Union.