Sprawa Front Polisario II przed Sądem (UE) a dostęp pozapaństwowych podmiotów międzynarodowych do sądów Unii Europejskiej
Case Front Polisario II before the General Court and the access of non-state international actors to European Union courts

Summary/Abstract: The article addresses the issue of access of international actors other than third countries to EU courts. This issue is presented in the context of the broader problem of guaranteeing the protection of the rights of any entities directly affected by EU acts. The research was undertaken due to the lack of discussion in the Polish literature covering the case Front Polisario II, decided by the General Court (EU) following the application by Front Polisario for the annulment of Council Decision (EU) 2019/217 of 28 January 2019 on the conclusion of an international agreement between the European Union and the Kingdom of Morocco concerning the non-self-governing territory of Western Sahara. The study aims to demonstrate that, in establishing the locus standi of the Front Polisario, the General Court in Front Polisario II interpreted the prerequisites for admissibility under Article 263 of the Treaty on the Functioning of the European Union (TFEU) in accordance with the foundational values of the European Union. The research was conducted primarily using the case study method. The conclusions indicate that the General Court's decision in the Front Polisario II case may be momentous from the perspective of access to the EU courts for both non-EU entities and EU citizens, as it reinforces the previous Court of Justice of the European Union case law mandating that EU values, such as the rule of law, be taken into account when interpreting Article 263 TFEU.

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