This book presents a thorough analysis of the EU provisions and legal framework of passenger rights in the civil aviation field. It provides both a theoretical and practical view of the initiatives that have been taken in this field. This includes initiatives taken by the European Commission (EC) with the aim to improve the protection of passengers and by the European Court of Justice (ECJ) with regard to jurisprudence. The book points out the goals that have been obtained so far, as well as the goals that still need to be pursued. Particular attention is paid to EU institutions that have been created ad hoc to supervise aviation safety and harmonize the various safety procedures of the EU Member States. Recent and upcoming packages of important safety and security measures are examined in detail. The book gives examples of current applications of legislative instruments and presents readers with the tools to gain a deeper understanding of the legal, practical and theoretical aspects of this important topic in aviation.
The liberalisation of the European air transport market has generated significant benefits for consumers: a wider choice of air services and intense price competition between air carriers, which has resulted in significantly lower fares. To limit any potential negative impacts that this might have on the quality of service delivered to air passengers and consumers, a number of measures have been taken at European Union (EU)-level to protect them. The most significant of these, Regulation (EC) 261/2004, introduced rules on compensation and assistance in the event of denied boarding, cancellations, long delays and involuntary downgrading. A number of other key legislative texts provide a European framework for the establishment and protection of passenger rights for air travellers. However, there is consensus among the industry, regulators and passengers that there are issues with the application and enforcement of some areas of air passenger rights, particularly those stemming from Regulation (EC) 261/2004. In March 2013, the Commission proposed a revision of Regulation 261/2004, but the proposal has been on hold since November 2015.
Europe and also the rest of the world has experienced a boom in mobility over the last thirty years. In light of the protection of increasing number of consumers – passengers it is almost logical that during the past few decades, international and European transport law has developed almost to revolutionary extent, especially in the field of private aviation (air) law with the introduction of unlimited liability of carriers for death and injury of passengers and commendable sophisticated rights in case of denied boarding, cancellation of flights and long delays. This book will cast light through a critical prism on the most important characteristics of the international transport law, the EU legislation and jurisprudence regarding passenger rights during the carriage by air, sea, rail and road. One of the ideas which, however, needs further research is that the commendable legal solutions and experience of the EU can serve as an excellent framework for a new holistic international convention on passengers rights in all transport modes.
The tremendous flow of air traffic traversing the airspace of the European Union demands extraordinary vigilance on the part of air navigation service providers. Although the first requirement of air navigation services is obviously the enhancement of safety, providers must also attend to the efficiency and optimisation of airspace capacity and the minimisation of air traffic delays. As technological and operational improvements proceed in these areas, jurisdictional issues of responsibility and liability--particularly in cases of mid-air collisions--become ever sharper and more in need of precise definition. This detailed and insightful exposition focuses on these issues from three overlapping perspectives: the international and European legal framework dealing with air navigation services, the question of state responsibility, and the question of liability for damage inflicted by air navigation service providers. The author's in-depth analysis includes examination of many elements, among them the following: * the interrelated roles of the International Civil Aviation Organization (ICAO), the European Civil Aviation Conference (ECAC), the European Organisation for the Safety of Air Navigation (EUROCONTROL), the European Community's European Aviation Safety Agency (EASA), and other international bodies; * the Single European Sky initiative, its establishment of Functional Airspace Blocks (FUAs), and its ongoing research program (SESAR); * establishment of transparent lines of state responsibility in the context of cross-border provision of air navigation services; and prospects for the imposition of a transparent liability regime on corporatized air navigation service providers. In conclusion, the author enumerates the essential elements required for cross-border provision of air navigation services and offers well-thought-out final recommendations and conclusions on the most preferable way to pursue such cross-border provision within and outside the European Community. A model agreement for the delegation of air navigation service provision appears as an appendix. All professionals concerned with air navigation, in Europe and elsewhere, will appreciate the depth of knowledge and commitment apparent in this book. The deeply informed insights manifest in its pages will be of enormous value to aviation agency officials and air law practitioners everywhere.
In this work Julia Wojnowska-Radzińska offers a comprehensive legal analysis of various forms of pre-emptive data surveillance adopted by the European legislator and their impact on fundamental rights. It also identifies what minimum guarantees have to be set up to recognize pre-emptive data surveillance as a legitimate measure in a democratic society. The book aims to answer the essential question of how to strike the proper balance between fundamental rights and security interests in the digital age.
Computer technology has become an essential part of all our lives, and the legal profession is no exception. For more than 25 years, the annual JURIX conference has provided an international forum for academics and practitioners working at the cutting edge of research into and the application of the interface between law and computer technologies. This book presents the proceedings of the 28th International Conference on Legal Knowledge and Information Systems (JURIX 2015), which took place in Braga, Portugal in December 2015. The book contains 14 full papers, nine short papers and nine posters delivered at the conference. These address a wide range of topics in legal informatics, and fall into three main subject areas: theory and foundations of AI and law, focusing on themes such as argumentation, reasoning, and evidence; technology of AI and law, which presents technological advancements and solutions; and applications of AI and law, describing implementations of AI and law technology in real world systems. The book offers an overview of the ways in which current information technology is relevant to the practice of law, and will be of interest to all those whose work involves legal theory, argumentation and practice.
This book reviews and critically analyzes the current legal framework with regard to a more just culture for the aviation sector. This new culture is intended to protect front-line operators, in particular controllers and pilots, from legal action (except in the case of willful misconduct or gross negligence) by creating suitable laws, regulations and standards. In this regard, it is essential to have an environment in which all incidents are reported, moving away from fears of criminalization. The approach taken until now has been to seek out human errors and identify the individuals responsible. This punitive approach does not solve the problem because frequently the system itself is (also) at fault. Introducing the framework of a just culture could ensure balanced accountability for both individuals and complex organizations responsible for improving safety. Both aviation safety and justice administration would benefit from this carefully established equilibrium.
In recent years, the European air transport industry has seen a number of important changes, with more on the horizon. This comprehensive work presents a multi-faceted analysis of the air industry in Europe, how it has developed in recent years, and how it is set to develop further into the future.
This book provides a detailed overview of aspects related to the overall provision chain for biokerosene as part of the global civil aviation business. Starting with a review of the current market situation for aviation fuels and airplanes and their demands, it then presents in-depth descriptions of classical and especially new types of non-edible biomass feedstock suitable for biokerosene provision. Subsequent chapters discuss those fuel provision processes that are already available and those still under development based on various biomass feedstock materials, and present e.g. an overview of the current state of the art in the production of a liquid biomass-based fuel fulfilling the specifications for kerosene. Further, given the growing interest of the aviation industry and airlines in biofuels for aviation, the experiences of an air-carrier are presented. In closing, the book provides a market outlook for biokerosene. Addressing a broad range of aspects related to the pros and cons of biokerosene as a renewable fuel for aviation, the book offers a unique resource.
