AbstractThe two European flagship space projects, Galileo and GMES, clearly show that the current existing legal rules of the two organisations involved (European Union and European Space Agency) 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 strictu sensu. Nevertheless, due to the political desire to advance these projects rapidly and to make them a success, legal obstacles were to be overcome. Consequently, recently concluded agreements between ESA and the EU-Commission concerning the financial and governmental matters of the Galileo and GMES implementation feature a new approach to cooperation between these two organisations. However, the question remains if they can be taken as precedence for a future institutionalised cooperation? It follows that the agreements have to be analysed in order to understand how a mutually acceptable agreement was reached despite the disparity in the rules of both organisations. In this regard, especially the financial decision agreement concerning Galileo in December 2007 shows a very interesting and unique way in applying EU-competition law. In the same way, the GMES-Delegation Agreement of spring 2008 is a good example of how two different legal systems can be applied to make a project 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 desire for a successful European cooperation, they can be regarded as an important step forward for a new legal approach. A new system emerges which could be taken into consideration for further common projects undertaken by ESA and the EU.
Space and the complexity of European rules and policies: The common projects Galileo and GMES—precedence for a new European legal approach?
Acta Astronautica ; 66 , 7-8 ; 1262-1265
2009-09-18
4 pages
Aufsatz (Zeitschrift)
Elektronische Ressource
Englisch
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