The Court distinguishes consultation of current residents from consent of the people holding the right to self-determination. It allows presumed consent under strict conditions: no imposed obligation and a specific, substantial, verifiable and proportionate benefit. The agreements examined did not meet those conditions.
The fisheries protocol had expired in July 2023; effects of the agriculture decision are maintained for twelve months. This does not establish a general permanent ban on all trade. European institutions must adapt their legal basis, while Morocco contests the Court’s interpretation. The trade ruling alone does not settle the territorial conflict.