TY - CHAP

T1 - The legal personality of the European Union and its effects on the development of space activities in Europe

AU - Smith, Lesley Jane

PY - 2011

Y1 - 2011

N2 - With the advent of the Treaty of Lisbon, the legal personality of the former European Community has been transferred to the European Union. This is a logical transition, given that the awkward three Pillar divide across the Community andUnion, introduced by the Treaty of Maastricht, has now been eliminated. With the Lisbon Treaty, the relations between the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) have been finally put on a par. At the same time, the Lisbon Treaty introduces specific, but nevertheless limited powers for the Union in relation to its space activities. Moreover, the Union’s space competences are to be exercised in parallel to those existing at national level. This limitation is significant, given that the European Union’s two major space projects to date — Galileo and GMES — have been initiated using powers that existed prior to the introduction of the space competence in the Treaty of Lisbon. The Galileo project was based on the provisions of Art. 154 EC(Art 170 TFEU), while the GMES programme was introduced under the rules governing funding for research and development.

AB - With the advent of the Treaty of Lisbon, the legal personality of the former European Community has been transferred to the European Union. This is a logical transition, given that the awkward three Pillar divide across the Community andUnion, introduced by the Treaty of Maastricht, has now been eliminated. With the Lisbon Treaty, the relations between the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) have been finally put on a par. At the same time, the Lisbon Treaty introduces specific, but nevertheless limited powers for the Union in relation to its space activities. Moreover, the Union’s space competences are to be exercised in parallel to those existing at national level. This limitation is significant, given that the European Union’s two major space projects to date — Galileo and GMES — have been initiated using powers that existed prior to the introduction of the space competence in the Treaty of Lisbon. The Galileo project was based on the provisions of Art. 154 EC(Art 170 TFEU), while the GMES programme was introduced under the rules governing funding for research and development.

KW - Commercial law

KW - Space Law

KW - Member State

KW - Space Activity

KW - European Space Agency

KW - Legal Personality

KW - Space Policy

U2 - 10.1007/978-3-7091-0942-7_4

DO - 10.1007/978-3-7091-0942-7_4

M3 - Contributions to collected editions/anthologies

SN - 978-3-7091-0941-0

T3 - Yearbook on Space Policy

SP - 199

EP - 216

BT - Yearbook on Space Policy 2009/2010

A2 - European Space Policy,

A2 - Schrogl, Kai-Uwe

A2 - Pagkratis, Spyros

A2 - Baranes, Blandina

PB - Springer-Verlag Wien

CY - Wien, New York

ER -