The strategic importance of the current and future EU legal framework on aviation and the harmonisation of the rules applicable to state aviation operators

Cristian Dobre and Simion-Adrian Purza

National Strategies Observer (NOS), 2015, vol. 1

Abstract: 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.

Keywords: civil aviation; EASA; state operators; ICAO; EU regulations; international aviation law (search for similar items in EconPapers)
Date: 2015
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