SPACE AND THE COMPLEXITY OF EUROPEAN RULES AND POLICIES: THE COMMON PROJECTS GALILEO AND GMES – PRECEDENCE FOR A NEW EUROPEAN LEGAL APPROACH?
- Paper number
IAC-08.E8.5.1
- Author
Dr. Annette Froehlich, Deutsches Zentrum für Luft und Raumfahrt e.V. (DLR), Germany
- Year
2008
- Abstract
The two European space projects, Galileo and GMES, clearly show that current existing legal rules of the two involved organisations (European Union and ESA) are not compatible. Moreover, it is quite impossible to implement a common project if every single organisation insists on the application of its own rules in a strictu sensu way. Nevertheless, thanks to the political desire to advance rapidly these projects and to bring them to success, legal obstacles were overcome. Consequently, recently concluded agreements between ESA and the EU-Commission concerning financial and governmental matters of GALILEO and GMES implementation feature a new approach of cooperation between these two organisations. But, can they be taken as precedence for a future institutionalized cooperation? Therefore, these agreements have to be analysed in order to understand how they managed to deal with the rules of both organisations for reaching a mutually acceptable agreement. In this regard, especially the financial decision agreement concerning GALILEO in December 2007 shows a very interesting, unique way in applying EU-competition law. In the same way, the GMES-Delegation Agreement of spring 2008 is a good example how two different legal systems can be applied to bring a project to success. Additionally, the reasons and arguments of both organisations have to be considered especially once the Treaty of Lisbon will be in force. As these two main projects of the European Space Policy are characterized by the wish of a successful European cooperation, they can be regarded as an important step forward to a new legal approach. A new system emerges which could be taken into consideration for further European common projects in the space field, as for example the Europeanisation of the spaceport in Kourou.
- Abstract document
- Manuscript document
IAC-08.E8.5.1.pdf (🔒 authorized access only).
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