Currently trying to get general picture of aviation organisations in Europe. At what stage do regulations get the status of a law?

ICAO issues SARPs, they are certainly not a law. Then, on the basis of SARPs, EASA issues legislation. Still, EASA is not a regulatory body.

Consider PART FCL, for instance. Does it have the force of law, or is it just a guidance for the local CAA to issue a regulation, which will be considered as law only for that specific country?

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    $\begingroup$ EASA is a regulatory body, though it does not regulate all aspects of aviation in the EU. Its predecessor, JAA, was not a regulatory body. $\endgroup$ – user71659 Mar 5 '18 at 23:42
  • $\begingroup$ I think the legal bindingness of ICAO SARPs is still being a debated issue among lawyers. $\endgroup$ – jjack Mar 6 '18 at 16:16

EASA regulations, as emited by the European Council, automatically become law in all EU member states (it is part of EU adheration treaty).

PART-FCL, for instance begins with this text:


of 3 November 2011

laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council

Because of the way these regulations are framed, local regulations (emited as law by local parliaments) will take precedence over regulations emited by the European Parliament, so some local authorities (I’m looking at you UK) will amend/change/adapt these regulations as they see fit.

Make no mistake, EASA regulations are law within the European Union’s member states.

  • $\begingroup$ So, EASA regulations are something, which national authorities should respect, creating local rules. But they are not legally binding for anyone. A regular person have to follow the local regulations, not EASA's one. If I will directly follow the PART FCL, I can expect to break some local laws one day. When EASA will issue a new regulation - I shouldn't follow it straight away, but must wait until this new rule will be incorporated into the national regulations. Is that correct? $\endgroup$ – Данила Б Mar 7 '18 at 11:46
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    $\begingroup$ no, EASA regs ARE legally binding and constitute law! Local laws can override it, and as far as I know (unlike ICAO) the local regs can be even be contradicting general EASA rules, so yes, you might break the law by following PART FCL directly, without checking local regs aswell $\endgroup$ – Radu094 Mar 7 '18 at 15:09
  • $\begingroup$ @Radu094, EASA regulations are non-binding (according to EASA themselves). See aviation.stackexchange.com/a/55896/19 $\endgroup$ – DeltaLima Oct 10 '18 at 10:09

Legally binding aviation regulations in Europe are created on a national level. Each country has their own regulator. So there is no pan-European legal set of regulations, although EASA regulations does provide a framework for some topics.

  • $\begingroup$ Can you identify some of the national regulators? $\endgroup$ – jjack Mar 7 '18 at 9:05
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    $\begingroup$ @jjack There are 51 states in Europe, I don't really think a list of all their regulators would fit this format $\endgroup$ – expeditedescent Mar 7 '18 at 13:04
  • $\begingroup$ I just meant one or two. Where're you from? Can you give the entity in your country? $\endgroup$ – jjack Mar 7 '18 at 17:32
  • $\begingroup$ faa.gov/aircraft/air_cert/international/bilateral_agreements/… $\endgroup$ – Greg Oct 15 '18 at 17:32
  • $\begingroup$ Argentina Administración Nacional de Aviación Civil_____Australia Civil Aviation Safety Authority_______ Austria Federal Ministry for Transport, Innovation & Technology _______Belgium Direction Generale Transport Aérien _______ Brazil Departamento de Aviação Civil _______ Canada Transport Canada Civil Aviation Authority $\endgroup$ – Greg Oct 15 '18 at 17:32

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