European Union

Passengers boarding planes in Europe today enjoy the benefits of deregulated and integrated air transport network – thanks to the creation of the EU single market in air services in the 1990s. But the EU aviation policy did not stop at regional borders. Having been repeatedly dismissed in the past, the European Commission now conducts a fully-fledged EU External Aviation Policy (EAP), complete with formal strategies, institutions and legal frameworks.  

This shift is striking, because, to this day, international aviation remains a system dominated by sovereign nation states. The EU lacks formal legal status within the International Civil Aviation Organisation (ICAO), the main forum for discussing global air transport, and cannot sit at the table as a full member. Yet somehow, it is widely perceived as a key player in this policy domain.  

How is this possible? 

This blog post reflects on the evolving role of the European Union as a sui generis actor in global aviation governance, drawing on my doctoral research presented at the 2025 UACES Graduate Forum in Athens. It explores how the EU has created and expanded the EAP, not through treaty reform or a one-time transfer of power , but by using a mixture of legal assertiveness, technical expertise, regulatory entrepreneurship, and narrative-building to firmly anchor itself within the international aviation system.  

Achieving a foothold 

Historically, international aviation has been dominated by state-to-state arrangements under the 1944 Chicago Convention. In this Chicago-bilateral system, sovereignty is paramount, and states are reluctant to allow changes.  

Following the U.S. deregulation, the European Community established a common internal aviation policy. However, when it comes to relations with non-EU countries, Member States have successfully blocked any transfer of power to the European level.  

This began to change in 2002, when the European Court of Justice ruled on European Court of Justice decision on the “Open Skies” Agreements cases. While the ruling did not grant the Commission exclusive competence, it did provide partial recognition over certain technical areas and deemed = nationality clauses in bilateral Air Service Agreements (ASAs) to be incompatible with EU law.  

Crucially, the Commission seized this narrow legal opening and used it as a springboard for broader international engagement.  

Complex and ongoing construction  

Although 2002 is often considered as the formal beginning of the EAP, the development of this policy does not tell a story of clear legal handover or the Commission’s sudden empowerment. Rather, it is a case of strategic manoeuvring and the effective bypassing of legal constraints – a decades-long process that is yet to conclude. 

Taking a closer look reveals that it unfolds through four interconnected areas of action.  

The first and most prominent pillar is aimed at expanding legal competencies in practice. Despite Member States retaining control and only granting the Commission a negotiating mandate on a case-by-case basis, with defined guidelines, the EU has steadily built a significant portfolio of successful ASAs. It has also developed accompanying legal instruments, such as Bilateral Agreements on Civil Aviation Safety (BASAs) and various Working Arrangements covering technical matters, while also expanding the thematic scope of these agreements to include issues such as environmental protection and social standards. 

Alongside these legal actions, the Commission has invested heavily in building technical expertise. They have drawn on experience from internal market deregulation, and have established thematic directorates and staffed technical teams. The EASA also played a role here acting as specialized agency that collects data on safety (and later, environmental protection) and as a body that certifies third-country operators and oversees compliance with EU standards.  

Regulatory activity has also become a tool for establishing global presence. The Commission leveraged their legislative initiative to introduce rules that extend beyond EU borders, either through the conditionality of access to the EU market, regulatory convergence, or the broader ‘Brussels effect’. This also provided an opportunity to engage further with third countries at an operational level through audits and assistance schemes. The Commission also seeks to actively support ICAO’s regulatory efforts, thus solidifying the EU presence in the network. 

Finally, we can observe EU efforts to gain external recognition through its relationships with incumbent sectoral organizations at a regional and global levels. The strategies employed vary depending on the context.  

Regionally, the EU has gradually eclipsed the European Civil Aviation Conference (ECAC) as the regional forum for discussing aviation issues in Europe, and vehicle for coordinating the positions among European states ahead of global negotiations. It has also positioned itself as a central player in relation to EUROCONTROL, to the point where the organisation is sometimes mistaken for an EU agency – despite being a separate body with a broader European membership of 43 states.  

Meanwhile, at a global level, unable to achieve full membership in ICAO, the EU still built a daily (hybrid) presence through its own representative office in Montréal. They play an active role at the technical and preparatory levels, providing data and expertise; and engage in technical cooperation, conducting supervision, and supporting international projects.  

Political persistence  

What this story also reveals is a sustained political determination that has endured over time, particularly within the European Commission. Despite changes in leadership, the agenda has remained quite consistent. EU officials have shown remarkable persistence, and while political resistance and legal ambiguity still exist, the Commission has succeeded in establishing a role for the EU that far exceeds its formal powers. This makes the EAP a valuable case study in how the EU exercises agency under constraints and how it shapes international governance, even without a formal seat at the table. 

The post Navigating Change: The EU’s Emerging Role in Global Aviation Governance appeared first on Ideas on Europe.

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