Space and the European Constitution
- Paper number
IAC-05-E6.3.11
- Author
Mr. Thomas Reuter, University of Cologne, Germany
- Year
2005
- Abstract
The paper shall assess the legal implications of the new provisions regarding outer space in the European Constitutional Treaty. It shall particularly evaluate the consequences of this new EU-competence for the further relationship between the European Union and the European Space Agency. On October 29th, 2004, the Heads of State and Government of the European Union agreed upon a new Constitutional Treaty for the EU. This Treaty will enter into force once it has been ratified by all of the EU member states. The Constitutional Treaty contains, in its articles I-14 para. 3 and III-254, for the first time an explicit reference to outer space. Article I-14 CT classifies space as a “shared competence” between the member states and the European Union, while art. III-254 CT contains the legal basis for EU action. In a first part, the paper will sketch the drafting history of the relevant provisions in the European Convention and in the Intergovernmental Conference. It will show which influences have led to the adoption of the present wording. In its main part, the paper will comment the relevant provisions. It will show what the classification as a “shared competence” between the member states and the EU means, and which consequences this classification has for the adoption of EU space programmes. The paper will for instance show that any harmonisation of national space legislation is ruled out by art. I-14 para. 3 CT. The paper will go on examining the exact scope of the envisaged EU space competence. Which actions will the EU be able to take in the area of space? The paper will argue that the Constitutional Treaty provides for a relatively broad EU space competence. The paper will then turn to the consequences of the entering into force of the EU-Constitution on the relationship between the EU and the European Space Agency (ESA). As art. III-254 para. 3 expressly states, the EU is held to “establish any appropriate relations with the ESA”. What exactly are “appropriate relations”? Does this provision protect ESA from a takeover by the EU? The paper will argue that the position of ESA will be strengthened by this provision. The entering into force of the Constitutional Treaty will bring new momentum in the discussion on the relationship between the two organisations, though. At least, there will have to be a re-negotiation of the framework agreement in order to adapt the institutional setting to the new situation. ESA will most likely even more become the implementing agency for EU space programmes. The paper will be based upon results of the two year research project “Project ESA – EU: Legal framework for a coherent future structure of European space activities”, that the author has worked on as Research Associate in the Institute of Air and Space Law of the University of Cologne.
- Abstract document