An Institutional Law Analysis of the European Commission's EU Space Law Proposal

This article unpacks the proposal put forth by the European Commission in the 2023 Space Strategy for Security and Defense to establish an European Union (EU) space law for security, safety, and sustainability, and harmonise the national space laws of the Member States in these three domains. It takes a critical look at how the EU could create a harmonious EU space law within the constraints of its institutional framework and what such a law would mean for the EU and the Member States in terms of the legal hierarchy of sources, national law, enforcement in domestic courts, or referral to the Court ofJustice of the European Union (CJEU). Moreover, this article makes predictions about the potential content and scope of an EU space law by dissecting the meaning of security, safety, and sustainability based on policy documents and existing and forthcoming legislation.