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Coman-Kund, Florin; Ratajczyk, Mikołaj; Schmidt, Elmar --- "Shared enforcement and accountability in the EU Aviation Safety Area: the case of the European Aviation Safety Agency" [2017] ELECD 1517; in Scholten, Miroslava; Luchtman, Michiel (eds), "Law Enforcement by EU Authorities" (Edward Elgar Publishing, 2017) 115

Book Title: Law Enforcement by EU Authorities

Editor(s): Scholten, Miroslava; Luchtman, Michiel

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781786434623

Section: Chapter 5

Section Title: Shared enforcement and accountability in the EU Aviation Safety Area: the case of the European Aviation Safety Agency

Author(s): Coman-Kund, Florin; Ratajczyk, Mikołaj; Schmidt, Elmar

Number of pages: 26

Abstract/Description:

This chapter investigates the direct shared enforcement of the EU civil aviation safety rules by focussing on the interplay between the European Aviation Safety Agency (EASA) and the National Aviation Authorities (NAAs) in France and Germany. While direct enforcement in the aviation safety area follows a subsidiarity logic, a truly shared enforcement system built upon the concept of joint oversight and enforcement is revealed, whereby EASA and NAAs cooperate closely. Conversely, accountability for direct enforcement is separated along EU and national lines, and is entrenched within the general system of political and judicial accountability of the EU and the Member States. Whereas, the lack of (specific) accountability mechanisms accounting for the ‘sharedness’ of enforcement in the EU aviation safety area seems problematic, potential accountability gaps could be compensated by existing alternative internal and external review instruments, and the quest for more accountability should be regarded cautiously.