EU Space Policy and Strategic Autonomy: Tackling Legal Complexities in the Enhancement of the ‘Security and Defence Dimension of the Union in Space’

Abstract:

EU space policy is an important field in the pursuit of the European Union's (EU) strategic autonomy, both as regards the need to protect EU space infrastructures (and industry) from external threats and as regards the need to strengthen EU capacity to act in the space domain for security and defence purposes. However, some complexities exist in the governance of EU space policy, which may affect its ability to deliver in the above-mentioned terms.

Reference is made, in particular, to: (i) the role of other international organisations, such as the European Space Agency (ESA), and of the member States, in shaping and carrying out EU space policy (ii) the nature of EU space competence as designed in the Treaties and the different procedures applicable respectively to civil and security/defence aspects of space. Recent practice shows that EU is striving to overcome such limits, with a view to equip its own space policy with the necessary tools to address security and defence challenges of the Union and of the Member States.

The Insight gives account of such recent practice and singles out the main developments which allowed the EU legal system to cope with the above-mentioned difficulties, in order to realize a shift from a purely scientific/commercial approach to space policy to a more strategic one, where security and defence interests of the EU and of the Member States are taken into account and possibly addressed.

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