The EU Space Act : identifying barriers and solutions to good governance in outer space

Abstract

The announcement of the EU Space Act in 2023, followed by the publication of its first draft in June 2025, introduces significant legal and practical implications for the European space sector. With the primary objective of harmonising the fragmented EU space law landscape, the Act seeks to establish a unified regulatory framework centred on safety, security and sustainability. However, such an ambitious harmonisation effort inevitably gives rise to a range of legal, economic and political challenges. This dissertation provides an analysis of the proposed EU Space Act, including its legal basis, objectives and key regulatory mechanisms. It then examines the principal issues that may arise in its implementation, namely competence disputes, numerous fragmented national legal frameworks, concerns regarding competitiveness and compliance costs, and criticism from non-EU actors. Particular attention is also given to the disproportionate impact that the Act may have on smaller Member States, such as Malta. In addressing these challenges, the study presents counterarguments and objective recommendations aimed at mitigating their effects. Accordingly, this dissertation sets out to assess the overall feasibility of the EU Space Act within the current international and European legal context. It finds that, notwithstanding the presence of notable obstacles, the Act represents a necessary and beneficial development for the European space sector. The challenges identified are largely manageable, provided they are addressed through proportionate implementation, effective support mechanisms, and continued cooperation between Member States detailed within the study.