Slipchenko A. The Legislative Framework of the Single European Sky.

The thesis research covers modern issues of the legislation framework for the integration of national air traffic management (ATM) systems in Europe. The author researches major reasons leading to the acceleration of integration in modern civil aviation. In order to explain the essence of the legislation framework of the pan-European airspace the author analyzed the change in the concept of national sovereignty in airspace. Modern political, economic and institutional reality stipulates the need for the change in this concept, especially in the area of air traffic management. In author's opinion, a new approach to the national sovereignty in airspace context would be a solution to the current issues, while at the same time it would not undermine the basis of national sovereignty of individual states. It is also important to differentiate between the main elements of national sovereignty and those features which are traditionally associated with the sovereignty concept, but are not part of the direct state responsibilities. It is thus crucial to introduce monitoring mechanisms for access to the national airspace as well as compliance with all the rules and requirements regulating the use of it. The author analyzed all the main legislative documents concerning the creation of the Single European Sky (SES). The adoption of the regulation laid solid and clear foundation for an integrated, interoperable and safe air traffic management system in Europe. This regulation enhances performance of safety standards and stimulates the development of air traffic as well as further improvement in air traffic management and air navigation efficiency in Europe. The creation of the Single European Sky regulation provides a range of advantages, namely: it enables to create a common safety standards system; it enables to optimize the implementation of EUROCONTROL regulation requirements into EU legislation; it promotes collaboration between national supervisory authorities in order to analyze the air activity and exchange safety and security technology; it enables to optimize the EU air controllers licensing process; it leads to synchronization and enhancement of the air traffic management infrastructure in the region; it defines the main safety standards concerning the interoperability of air traffic control systems in the region. The author as well explores the issues relating to the establishment and development of the institutional infrastructure of the Single European Sky initiative. The separation of the regulation and execution functions is key for safe and dynamic air traffic. One of the priorities in this area has been the creation of an efficient regulatory authority.