By Francesco Rossi Dal Pozzo
This publication provides an intensive research of the ecu provisions and criminal framework of passenger rights within the civil aviation box. It presents either a theoretical and functional view of the projects which have been taken during this box. This contains projects taken through the eu fee (EC) with the purpose to enhance the safety of passengers and through the eu court docket of Justice (ECJ) in regards to jurisprudence. The e-book issues out the targets which were got up to now, in addition to the targets that also must be pursued. specific consciousness is paid to european associations which were created advert hoc to oversee aviation security and harmonize a few of the security tactics of the european Member States. fresh and upcoming programs of vital security and safety measures are tested intimately. The e-book offers examples of present purposes of legislative tools and offers readers with the instruments to achieve a deeper figuring out of the felony, sensible and theoretical features of this crucial subject in aviation.
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Additional resources for EU Legal Framework for Safeguarding Air Passenger Rights
Pdf. 4 Directive 2004/36/EC and the Enquiry into the ‘SAFA Programme’ 25 Furthermore, the reluctance of some countries to comply quickly with ICAO rules and their failure to adopt essential rules such as the Chicago Convention Annexes in their legal systems affects the already strained harmonisation of rules and procedures for air traffic so that, together with the obstacles previously mentioned, they constitute a serious threat to passenger safety. The USA, well aware of these problems and responding to a series of foreign air carrier accidents on American territory decided, in 1991, to establish the ‘IASA— International Aviation Safety Assessment Program’.
25. 9. 44. 10. 14. 13. 7. 54. 7. 16. Regulation (EU) No 368/2014, in Annex A, bans 296 air carriers, registered in 20 different States, from flying. Such carriers are forbidden from operating any activity within the European Union. The measure is addressed to all registered flights from the following States: Afghanistan, Angola, Benin, Republic of the Congo, Democratic Republic of the Congo, Djibouti, Equatorial Guinea, Eritrea, Kyrgyzstan, Liberia, Mozambique, Nepal, Sierra Leone, São Tomé and Príncipe, Sudan and Zambia.
For these aircraft the general rule holds fast that they comply with applicable ICAO Standards, while Regulation (EC) No 216/2008 clarifies that, in the absence of these rules, they are to comply with the requirements of Annex I (laying down the essential requirements for airworthiness referred to in Article 5), Annex III (which lays down the essential requirements for pilot licensing referred to in Article 7) and Annex IV (which lays down the essential requirements for air operations referred to in Article 8), provided these requirements are not in conflict with the rights of third countries under international conventions.