As part of their joint work in the UDVeo project, Helmut-Schmidt-University/University of the Federal Armed Forces and the Hamburg Ministry of Economics and Innovation organized a workshop on the topic of air law at the interface between U-space and the Single European Sky on April 20, 2022. A small group of experts exchanged views on the topic and shed light on the various challenges.
After a welcome by Dr. Judith Reuter (Head of Air Traffic Department, BWI) and a legal introduction to the topic by Prof. Dr. Margarete Schuler-Harms (Chair of Public Law, esp. Public Economic and Environmental Law, HSU), UDVeo was particularly pleased to welcome Prof. Dr. Stefan Oeter (Chair of Public Law, Public International Law and Foreign Public Law, University of Hamburg, member of the Scientific Advisory Board of the BMDV) as rights expert and guest. In his keynote speech “The regime change from the police law paradigm to privately organized infrastructure”, Prof. Dr. Stefan Oeter provided the participants with an overview of the increasing privatization in the field of (manned) aviation and dealt in particular with the legal follow-up questions and problems of the remaining state guarantee responsibility.
This was followed by two keynote speeches by lawyers from the drone projects UDVeo, RIVA and iLUM, which are being researched at the professorships of Prof. Dr. Alexander Fay (HSU) and Prof. Dr. Margarete Schuler-Harms. Flemming Kilian (HSU, UDVeo) and Karlotta Victor (BWI, UDVeo) first compared the Union law structures of a U-Space and the Single European Sky and highlighted that the traffic management structure of both systems is very similar, while at the same time the requirements for the distribution and use of information and corresponding conditions on private organizations differ significantly. The consequences of this differentiation in the integration of the systems were touched upon. Josina Johannsen (HSU, iLUM) and Christian Worpenberg (HSU, RIVA) highlighted the constitutional and administrative law implications of the services found in UTM and ATM management, respectively. Here, too, it was found that there is a similarity that leads to the need to consider a sovereign qualification of the U-space services and thus the need for a loan under administrative law for the provision of the U-space services.
After a lunch break, the workshop left room for an in-depth discussion moderated by Denise Jacholke (Drone Project LUV, BWI). The legal issues raised in the presentations were discussed, focusing in particular on the question of how the legal infrastructure of a U-Space can ensure competition at all.
You can find the program for review here.