The Strategic Importance of the Current and Future EU Legal Framework on Aviation and the Harmonisation of the Rules Applicable to State Aviation Operators PDF Download
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Author: Cristian Dobre
Publisher:
ISBN:
Category :
Languages : en
Pages : 12
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Book Description
The article aims to provide a detailed insight into the current regulatory framework regarding civil aviation activities and their inherent link to the activity of state aviation operators throughout the member states of the European Union. The analysis begins with an introduction into the historic overview of how the fundamental principles of aviation law were established and developed, starting with the first harmonization attempts and reaching the current EU rules, regulations and initiatives to further the development of unified aviation legislation. The main focus of the research is how state aviation operators (police/customs air support units, HEMS state operators and other similar services, as envisaged by Regulation (EC) no. 216/2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency) function in the context of the rules and regulations that currently apply to the Single European Sky, and the future development of these rules considering their inherent link with the activity of state operators. The further harmonization of European civil air rules, under EC/EU Regulation, specifically exclude air support operations carried out by state operators, with future regulation in this field to be determined at a national level by each Member State. This type of approach creates a high probability that differing regulations might be implemented, thus leading to state operators/police forces being precluded from using the single European sky. The analysis concludes with a case study of how the regulatory aspects taken into consideration directly affect the activity of the General Inspectorate for Aviation of the Ministry of Internal Affairs - Romania, given its specific tasks and objectives as state aviation operator, with missions ranging from police air support, to search and rescue and HEMS operations.
Author: Cristian Dobre
Publisher:
ISBN:
Category :
Languages : en
Pages : 12
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Book Description
The article aims to provide a detailed insight into the current regulatory framework regarding civil aviation activities and their inherent link to the activity of state aviation operators throughout the member states of the European Union. The analysis begins with an introduction into the historic overview of how the fundamental principles of aviation law were established and developed, starting with the first harmonization attempts and reaching the current EU rules, regulations and initiatives to further the development of unified aviation legislation. The main focus of the research is how state aviation operators (police/customs air support units, HEMS state operators and other similar services, as envisaged by Regulation (EC) no. 216/2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency) function in the context of the rules and regulations that currently apply to the Single European Sky, and the future development of these rules considering their inherent link with the activity of state operators. The further harmonization of European civil air rules, under EC/EU Regulation, specifically exclude air support operations carried out by state operators, with future regulation in this field to be determined at a national level by each Member State. This type of approach creates a high probability that differing regulations might be implemented, thus leading to state operators/police forces being precluded from using the single European sky. The analysis concludes with a case study of how the regulatory aspects taken into consideration directly affect the activity of the General Inspectorate for Aviation of the Ministry of Internal Affairs - Romania, given its specific tasks and objectives as state aviation operator, with missions ranging from police air support, to search and rescue and HEMS operations.
Author: Francesco Rossi Dal Pozzo
Publisher: Springer
ISBN: 3319080903
Category : Law
Languages : en
Pages : 371
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Book Description
This book presents a thorough analysis of the EU provisions and legal framework of passenger rights in the civil aviation field. It provides both a theoretical and practical view of the initiatives that have been taken in this field. This includes initiatives taken by the European Commission (EC) with the aim to improve the protection of passengers and by the European Court of Justice (ECJ) with regard to jurisprudence. The book points out the goals that have been obtained so far, as well as the goals that still need to be pursued. Particular attention is paid to EU institutions that have been created ad hoc to supervise aviation safety and harmonize the various safety procedures of the EU Member States. Recent and upcoming packages of important safety and security measures are examined in detail. The book gives examples of current applications of legislative instruments and presents readers with the tools to gain a deeper understanding of the legal, practical and theoretical aspects of this important topic in aviation.
Author: Paul Stephen Dempsey
Publisher: Kluwer Law International B.V.
ISBN: 9041122656
Category : Law
Languages : en
Pages : 257
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Book Description
Once a byword for the economic power of national government - with competition strictly regulated - European commercial aviation has now virtually become a market without state-imposed anticompetitive restrictions. Although intended to enhance competition, this situation has in fact driven airlines to form massive global alliances cartels that offer ever-shrinking benefits to the consumer. In this extraordinarily thorough, blow-by-blow analysis of how this happened ? or was allowed to happen ? one of the world?s most eminent aviation law authorities explores the subject with a lucid insight fully informed by historical breadth and a keen appreciation of current pressures. Commercial aviation emerges as the crucible par excellence of the convergence of prevailing global ideology, economics, and international law. Among the numerous interrelated topics investigated in depth by Professor Dempsey, the following may be mentioned: the principal actors, including scores of airlines, the European Union, and a number of air transport associations; the labyrinth of bilateral air transport agreements; the relevance of the Treaty of Rome?s competition rules and the EU merger regulations to air transport; the important Court of Justice cases that circumscribed the zone of application in which the competition rules can regulate air transport: French Seamen?s Case, Transport Policy Decision, Olympic Airway, Nouvelles Fronti?res, Ahmed Saeed, and the 2002 `Open Skies? Decision; the 1991 U.S.-EC agreement regarding the application of competition laws; the sequence of EU aviation regulatory `packages?; regulation of non-economic issues (air traffic congestion, noise limitations, air carrier liability, civil aviation accident/incident investigations, denied boarding compensation); the effect of the U.S. government?s increasing invocation of antitrust immunity; computer reservation systems (especially code-sharing procedures); jointly-owned web sites for ticket sales and other e-commerce joint ventures; frequent flyer program alliances; and the emergence of global megacarriers. The author?s presentation emphasizes the regulatory constructs that currently affect the European air transport market: pricing and tariffs, pooling of revenue, market access (licensing, capacity limits, traffic rights, slot allocation), ground handlings, cargo services, state aid, and the power of the EU to act on the commercial aviation world stage for Member States. Each of these areas of analysis begins with an overview of the general regulatory environment for that area followed by a detailed chronological delineation of relevant packages, proposals, resolutions, and regulations. Because of the enormous role played by international air transport with respect to gross national product, employment, and energy consumption, European Aviation Law is of great importance not only to European lawyers but to officials, policymakers, practitioners, and academics in a number of relevant fields worldwide.
Author: Elmar Maria Giemulla
Publisher: Kluwer Law International B.V.
ISBN: 9041126457
Category : Law
Languages : en
Pages : 818
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Book Description
This book offers an extraordinary wealth of information, from the ground up, of the law governing and regulating air transport today, with a strong emphasis on international aviation. A team of distinguished authors in the field of aviation law provide a cogent synthesis from which sound legal opinions and strategies of legal action may be confidently built. Among the many topics here in depth are the following: definition and classification of airspace; distinction between civil and state aircraft; air navigation and air traffic control services; airport charges and overflight charges; structure of ICAO; standard-setting functions and audit functions of ICAO; functions of the International Air Transport Association (IATA); policy and effects of deregulation and liberalization of air transport policy; the International Registry for Aircraft Equipment; air carrier liability regimes and claims procedure; measures to combat aviation terrorism, air piracy and sabotage; and the Open Skies Agreements. This publication cites significant legislation and court rulings, including from the United States and the European Union, where far-reaching measures on market access, competition and passenger rights have set trends for other regions of the world. The special case of Latin America has a chapter to itself. At a time when commercial aircraft have been used as lethal weapons for the first time, aviation law finds itself in the front line of responsibility for maintaining global aviation security.
Author: Niels Van Antwerpen
Publisher: Kluwer Law International B.V.
ISBN: 9041126880
Category : Law
Languages : en
Pages : 308
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Book Description
The tremendous flow of air traffic traversing the airspace of the European Union demands extraordinary vigilance on the part of air navigation service providers. Although the first requirement of air navigation services is obviously the enhancement of safety, providers must also attend to the efficiency and optimisation of airspace capacity and the minimisation of air traffic delays. As technological and operational improvements proceed in these areas, jurisdictional issues of responsibility and liability--particularly in cases of mid-air collisions--become ever sharper and more in need of precise definition. This detailed and insightful exposition focuses on these issues from three overlapping perspectives: the international and European legal framework dealing with air navigation services, the question of state responsibility, and the question of liability for damage inflicted by air navigation service providers. The author's in-depth analysis includes examination of many elements, among them the following: * the interrelated roles of the International Civil Aviation Organization (ICAO), the European Civil Aviation Conference (ECAC), the European Organisation for the Safety of Air Navigation (EUROCONTROL), the European Community's European Aviation Safety Agency (EASA), and other international bodies; * the Single European Sky initiative, its establishment of Functional Airspace Blocks (FUAs), and its ongoing research program (SESAR); * establishment of transparent lines of state responsibility in the context of cross-border provision of air navigation services; and prospects for the imposition of a transparent liability regime on corporatized air navigation service providers. In conclusion, the author enumerates the essential elements required for cross-border provision of air navigation services and offers well-thought-out final recommendations and conclusions on the most preferable way to pursue such cross-border provision within and outside the European Community. A model agreement for the delegation of air navigation service provision appears as an appendix. All professionals concerned with air navigation, in Europe and elsewhere, will appreciate the depth of knowledge and commitment apparent in this book. The deeply informed insights manifest in its pages will be of enormous value to aviation agency officials and air law practitioners everywhere.
Author: Sascha Hissler
Publisher: GRIN Verlag
ISBN: 3640468848
Category : Business & Economics
Languages : en
Pages : 21
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Book Description
Seminar paper from the year 2009 in the subject Business economics - Business Management, Corporate Governance, grade: 1,3, University of Applied Sciences Wildau (Wildau Instiute of Technology (WIT)), course: Master Studies of Aviation Management, language: English, abstract: This paper covers the future European Aviation Law with a special focus on the European Aviation Safety Agency (EASA) and their upcoming amendments regarding Apron Management Services in Europe. EASA will expand its competence on Airports and Air Navigation Service Providers (ANSP). International Airports like Frankfurt (FRA) and Munich (MUC) are executing Apron Management Service. Considering the upcoming amendment of the European Regulation No (EC) 216/2008, this paper answers the following questions: - Can this service be considered as an ANSP-function? - Would then the airport operator has to apply for an ANSP-licence under the future EASA rules? - What will be the consequence for the airport management (qualification, training and licensing of staff)? - Should there be an outsourcing? With which consequence? - Should this service be “handed back” to DFS as ANSP? - What will be the consequence for the airport and the customers (e.g. charges)? Table of Contents: 1 Glossary 2 Background 3 Tower: Aerodrome Control Service 4 Apron Management Service 5 EASA rules and reglementation 6 Position of the European Parliament 7 Consequences for the airport management 8 Consequences for the customer 9 Summary 10 Sources
Author: IBP, Inc.
Publisher: Lulu.com
ISBN: 1438716591
Category : Business & Economics
Languages : en
Pages : 303
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Book Description
2011 Updated Reprint. Updated Annually. European Flight Regulations Handbook: System and Procedures
Author: Sascha Hissler
Publisher: GRIN Verlag
ISBN: 364046902X
Category : Business & Economics
Languages : en
Pages : 41
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Book Description
Seminar paper from the year 2009 in the subject Business economics - Business Management, Corporate Governance, grade: 1,3, University of Applied Sciences Wildau (Wildau Instiute of Technology (WIT)), course: Master Studies of Aviation Management, language: English, abstract: This paper covers the future European Aviation Law with a special focus on the European Aviation Safety Agency (EASA) and their upcoming amendments regarding Apron Management Services in Europe. EASA will expand its competence on Airports and Air Navigation Service Providers (ANSP). International Airports like Frankfurt (FRA) and Munich (MUC) are executing Apron Management Service. Considering the upcoming amendment of the European Regulation No (EC) 216/2008, this paper answers the following questions: - Can this service be considered as an ANSP-function? - Would then the airport operator has to apply for an ANSP-licence under the future EASA rules? - What will be the consequence for the airport management (qualification, training and licensing of staff)? - Should there be an outsourcing? With which consequence? - Should this service be "handed back" to DFS as ANSP? - What will be the consequence for the airport and the customers (e.g. charges)? Table of Contents: 1 Glossary 2 Background 3 Tower: Aerodrome Control Service 4 Apron Management Service 5 EASA rules and reglementation 6 Position of the European Parliament 7 Consequences for the airport management 8 Consequences for the customer 9 Summary 10 Sources
Author: Benjamyn I. Scott
Publisher:
ISBN: 9789041161260
Category : Aeronautics
Languages : en
Pages : 0
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Book Description
Aviation Law and Policy Series Volume 11 The Law of Unmanned Aircraft Systems. An Introduction to the Current and Future Regulation under National, Regional and International Lawand is a collection of expert essays that provides a comprehensive overview of the areas of air law relevant to Unmanned Aircraft Systems (UAS). The acceleration in the development and use of UAS across the world has rapidly spawned a patchwork of regulatory initiatives in the field. It is with the purpose of synthesizing and clarifying this diverse body of international, regional, and national law and– and of indicating trends and areas of concern and– that this extraordinary collection has been compiled. The authors, working in many different parts of the world, are all in some way affiliated with the International Institute of Air and Space Law at Leiden University as alumni, faculty members or students. Whatand’s in this book: With details of developments affecting countries in every continent, including Antarctica, the authors delve into the ways in which regulation of UAS is affected by aviation law elements such as the following: insurance; criminal and civil liability; role of international and supranational agencies and– International Civil Aviation Organization (ICAO), European Union (EU), European Aviation Safety Agency (EASA), Association of Southeast Nations (ASEAN); privacy and cyber security; and civil UAS markets. The book is divided into sections, and further into chapters, enabling the reader to explore each topic in greater depth. The first section of the book examines specific issues in air law facing regulators within the area of UAS. The second section explores different elements of European attempts at regulating UAS. Following detailed investigations of international and regional developments, the third section of the book covers a cross-section of national laws (Antarctica, Australia, Austria, Belgium, Brazil, Canada, China, Colombia, Cyprus, France, Germany, India, Indonesia, Italy, Japan, Mexico, The Netherlands, Portugal, Republic of Korea, Romania, Russian Federation, Slovenia, South Africa, Suriname, Switzerland and Liechtenstein, Turkey, United Kingdom, and United States). The authorsand’ approach throughout the book is introductory, allowing those unfamiliar with this field to gain valuable insight into this fascinating and dynamic area, whilst also being critical and focused, so that those more involved in the legal dimension of aviation law can also further their knowledge. How will this help you: Without a doubt, this work both enriches the legal literature already available and encourages stakeholders in this burgeoning field of aviation law to further examine and challenge developments and trends in regulation and in practice. The information provided is the most current, ensuring that the reader has the most up-to-date commentary on the subject. Furthermore, the authors are sourced, inter alia, from law firms, universities and regulators, and are based across six continents, giving the book a broad multi-faceted perspective. Lawyers, law firms, academics, governments (together with relevant governmental and non-governmental agencies), and strategic planners in the UAS industry will all welcome this groundbreaking resource. and and
Author: European Commission. Directorate-General for Energy and Transport
Publisher: Luxembourg : Office for Official Publications of the European Communities
ISBN:
Category : Aeronautics
Languages : en
Pages : 20
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Book Description
The safety and security of aircraft operations is of great importance to all European citizens. Maintaining confidence in what is already one of the safest aviation regions in the world is critical to the continued development of the common EU aviation market and to the free movement of people within it, as well as to the economic growth of the companies which depend on it. This brochure outlines the measures taken by the European Union to develop common, legally binding rules for aviation within this common market. These concern both the safety of civil aviation, concerning technical aspects of equipment and its operation, and security - responding to the increased threat of malicious attacks on aircraft and their passengers and crew.
