The connections between the Treaty of Lisbon and space law
- Paper number
IAC-11,E7,1,10,x9317
- Author
Dr. Diego Zannoni, Italy
- Year
2011
- Abstract
The Lisbon Treaty is the first European Union (EU) Treaty that provides a "space competence". It represents, however, only a phase of a process still in fieri characterized by a growing awareness of the importance of space for the EU. Art. 189 of the Treaty on the functioning of the EU (TFEU) endows the EU with political capacity to conceptualise a space policy and provides for the regulatory competence that may take the form of a European space programme, excluding, however, any harmonisation of the laws and regulations of the Member States. The European space policy is envisaged no longer only as a tool for the implementation of other Union policies, but also as policy per se. From a first examination of art. 189 it could seem a step backward, not only in respect to the corresponding article of the Constitutional Treaty (art. III-254), but also in respect to the previous policy and praxis of the EU. The point is that if the EU is not able to elaborate directives, that are the common instrument of harmonisation, a fortiori, it cannot elaborate decisions and regulations. This limit appears strange if we consider the regulatory tasks that the EU has to face for implementing programmes such as Galileo. Need for harmonization arises from the existing problem of licence shopping and might also be an aspect of fostering national space industry. In any case, the exclusion of the harmonization competence can be made less dramatic taking into account the possibility of informal consultations among States. Moreover, as it happens for culture, where harmonisation is excluded, but directives with cultural implications can be adopted on the basis of other competences interfering with culture, if they allow harmonisation, so space presents a transversal dimension, and directives on space matters can be adopted on other bases. As a consequence of the above, it is necessary to verify each time which is the prevailing competence. The protection of competition is one of the main objectives of the UE. Therefore harmonisation measures should be allowed also in regard to space activities ex art. 116 TFUE. Space and environment are deeply connected, nevertheless, while harmonisation is allowed by art. 191 TFUE in the environmental field, it is again prohibited by art. 196 TFUE in the context of prevention and management of disasters. My aim is to clarify how these articles have to be systematically interpreted.
- Abstract document
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