The Lisbon Treaty: the Space as a new competence for the European Union

Paper number

IAC-08.E3.2.8

Author

Dr. Maria del Carmen Munoz Rodriguez, University of Jaen, Spain

Year

2008

Abstract

This paper will deal with the following aspects: the attribution of the Space Policy as a shared competence for the European Union; the characteristics of the European Space Policy; the content of the European Space Policy; and some final conclusions about the necessity of this new competence for the European Union.
As for this abstract, I would like just to expose briefly the following ideas:
The 2004 Treaty establishing a Constitution for Europe gave for the first time to the European Union, a shared competence, with some special features, to develop a European Space Policy (art. I-14 and III-254), in the framework of the Technological Development and Research Policy (from art. III-248 to article III-255). Paradoxically, at that time, the European Community had already designed or made particular actions related to the space activities, as we can see in the 2007 European Space Policy Communication, endorsed by the joint European Space Council in the Spring of 2007, in order to attain some strategic and political objectives with important economics and financial consequences (for instance, the Galileo Project or the GMES Project); and it had also begun some institutional relations with the European Space Agency, in particular the adoption of the EC-ESA Framework Agreement in November 2003.
The Treaty of Lisbon, amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon, 13 December 2007 confirmed the attribution of this shared competence, with special features, to the European Union (art. 4 and 189 of the Treaty on the Functioning of the European Union). However, the Lisbon Treaty modified its regime in order to establish a European Space Policy, taking into account the limits wished by the Member States. That is why the new text of art. 189 underlines that the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the necessary measures, which may take the form of a European space programme, excluding any harmonisation of the laws and regulations of the Member States; and it also stresses that this art. 189 shall be without prejudice to the other provisions of Title XIX.
Space can provide the tools to address many of the global challenges that face 21st century society. Europe needs an effective space policy that will allow the EU to take global leadership in selected strategic policy areas.
This paper is being prepared in the framework of the Spanish Ministry of Education and Science's Research Project “Convergence and divergence of legal regimes concerning outer space and specific marine areas” (SEJ2004-06116).

Abstract document

IAC-08.E3.2.8.pdf

Manuscript document

IAC-08.E3.2.8.pdf (🔒 authorized access only).

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