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The Ineffectiveness of Aviation Laws and the Consequences

The legislation and the regulation that shall be critically assessed, evaluated and explained under this paper will be the Aviation laws in a whole and the specific amendment and regulation EC300/2008 forming the part of Aviation Security Regulations and the requirements, loopholes and the prospective benefits and effectiveness therefore. The analysis and the critical evaluation of the Aviation laws and the concerned regulation shall be helpful in evaluating the ineffectiveness in planning and implementation of the aviation laws and the consequences that ensue as the part of this negligence and lack. The area of Aviation law has been dealt with in a very negligent manner which has actually resulted in the failure of effective management of law and security in the subjects of aviation law. The major problems and issues which has been addressed in the detailed paper is the issue of illegal interference with the public aviation security by the alien and stranger authorities resulting in the breach of effective public aviation security management and failure of confidential and privacy norms of the Aviation authorities and the state both directly and indirectly.

The major grey areas in the existing amendments and the aviation law initially developed and legislated upon by the European council actually did have certain grey and shadowed areas which were considered and addressed in the regulation amendment as being discussed herein with. The wide disputed areas which were addressed in the regulating amendment were the General measures relating to the management of the Aviation standards and International Aviation systems specifically the maintenance of the crew facilities, access to airside, access controls,  and restricted areas, staff training, criteria for staff recruitment and other related concerns and issues.

The regulation of 2008 has very effectively and widely under Article 3 of the amended regulation protocol has discussed and detailed the definition of the words and the languages used in the aviation security regulation so as to ensure strict adherence and compliance without providing a scope for manipulation or exploitation under any alleged grounds or any kind of other alleged premise.

The scope of the regulation has been dealt with quite extensively and the application and scope has been dealt with under Article 2 of the regulation of EC300/2008. The regulation has basically been adjudged upon and application has been determined thereupon. The application of the regulation has been given a very wide coverage unlike the previous amendment regulations. It applies to:

All the airports and any part of the airports which situated in the territory of any affiliate state that are the excluded from the use for military resolutions.

All operators counting the air carriers which are directly involved in providing services at the airport stations not directly or indirectly used by any Military engagement or establishment.

All the entities irrespective of the located spot of the entity whether inside or outside the airport premises who are directly involved in providing of the goods and services through airports which are not either directly or indirectly used by any military establishment or engagement.

The Grey Areas in the Existing Amendments and the Concerned Regulation

As far as the jurisdiction and application of the regulation of 2008 as legislated and amended upon by the European parliament and the European council is concerned it has covered all the aviation subjects and has minimized the scope of any kind of grey discrimination and exploitation on the part of the alien entities and authorities.

The regulation EC300/2008 was adopted and came into effect in the year 2008 by the European Parliament in order to provide for the common ground and premise for defending the civil aviation management from the unlawful interferences, encroachments and breaches. The major developments which the concerned regulation focused upon and improved upon are discussed and detailed herein. The major development was the protection and armoring the goods and the persons inside the European Union since the illegal interference actions and progressions with the civil aircrafts and restricting and evading any kind of jeopardizing actions of the security of civil aviation. The course of action which was so adopted for ensuring and supplementing this development was establishment of the common rules and courses of actions for effective safeguarding and protection of the civil aviation.

The formulation and making of common rules, means and standards was supported by the regulation for effective supervision and ensure timely adherences and monitoring the compliances. Prior to the regulation amendment, the Chicago convention on International civil aviation did not have a base for interpretation and logical deduction which indicated a sheer lack in effective implementation and execution of the International Civil Aviation codes and standards. This scenario and picture did change after regulation amendment and it desired and called for providing base for common clarification of the Annexure 17 specifically of the International civil aviation in Chicago convention of 7th December, 1944.

The Regulation rather than specifically providing extensively new norms and regulation was actually the rejuvenation and revision of the regulation EC2320/2002 and focused more towards ensuring harmonization and simplification and the existing clarification regulation amendment and development in the scale and chain of civil aviation security levels.   The new regulation was legislated with the aim and objective of risk assessment by using and exploiting newer technologies which were not taken care off in the previous regulated amendments thereby proving ineffective in ensuring adequate risk management and aviation security. The technicalities and procedural complications were given less significance so as to push the focus towards what actually needs to be done in order to achieve effective worthy results and conclusions. The ultimate objective was evolving safeguarding mechanisms for public aviation actions against acts of illegal breaches and encroachments.

The jurisdiction of the regulation was also extended by applying it to the airports serving public aviation situated in the member states of the European union, to the operators giving the services at such airports and also to the entities giving services and goods through the airports in order to ensure best efficiency in maintaining the civil aviation security and maintenance therefore. The regulation did account for bringing up uniformity in the aviation industry by promoting and fostering the target of One stop solution for all the aircrafts and flights operating within the circle of the European Union so as to ensure balanced growth and security control in the aviation industry and digressing from any kind of discriminative, exploitative and manipulative actions and triggers.

The Detailed Definition of the Words and Languages Used in the Aviation Security Regulation

Prior to the 2008 regulation the member states of the European union lacked competency to decide the deployment of inflight aircraft registered security officers in the member states and on flights of air carriers licensed by the member states. The member states after the legislation of the regulation amendment retained and were granted the competency of deployment of the inflight security officers as the government personnel specifically selected and trained taking into account the requisite safety and security aspects.

The regulation amendment also did provide for the penalties and prosecutions for the violators. The penalties were recommended and advocated for the security control breaches of the civil aviation aircrafts both by the working administrative personnel as well as the alien entities. This recommendation and provision actually effectuated the force of the legal regulation and thereby did ensure effective security control and management of the civil aviation. The penalty so suggested and targeted by the regulation amendment basically were to be imposed taking into consideration three elements namely the effectiveness, proportionate and dissuasive.

The element of effective inspection, scrutiny, monitoring and surveillance was also lacking in the Aviation code thereby reducing its ability and effectiveness to monitor and ensure security control and internal risk assessment. This specific regulation amendment did actually provided for the establishment of Universal Aviation commissions to trace and scrutinize the strict adherence and compliance of the regulations and International code of civil aviation by the European Union member states. The aviation commissions so established and formed were delegated with the power of conducting unannounced inspections and scrutiny for ensuring strict compliance to the regulation standards and codes. 

The regulation of 2008 has actually proved to be very effective in upholding the security and internal control of the civil aviation industry uniformly to the member states of the European Union. Article 4 of the proposed regulation describing and entailing the general and common safety guards for the security management of the civil aviation has been the major development of the regulation as aimed and viewed by the European parliament and the European council for the member states. The basic standards which were actually laid down and addressed by the regulation are stated and explained herein with. The common basic standards were basically the perquisites for achieving the ultimate aims and objectives of the regulation relating to the unlawful interference by the alien authorities encroaching upon the security management systems and controls of the civil aviation sector.

The general measures which were adopted as the provisions of the regulation amendment suggested so were basically designed to amend the non-essential and supplementing elements of the common basic standards. The general measures and concerns which were effectively addressed by the regulations which actually catalyzed the process of ensuring an effective management, control and the safety of civil aviation within European Union. The concerns which the general measures did address as the protocol of the regulation are stated and explained herein. The methods of the screening of the passengers were effectively considered by the regulation and the reasonable methods were allowed for the screening of the in aircraft passengers and the security officers.

The Scope and Application of the Regulation

The articles were categorized by the regulation protocol as prohibitory and restrictive as general measure for ensuring of adequate security check and balance in civil aviation. The codes and standards were laid down for effectively monitoring the access controls and the premise for the granting access to airside and security restricted areas. Initial legislated Aviation law and the regulation amendments prior to the year 2008 failed to devise methods for effective inspection and examination of air vehicles, aircraft security checks and searches. Post the regulation of 2008 amendment the methods rooted with new and effective techniques and technologies were devised upon for examination of vehicles and ensuring effective aircraft security searches and checks.

The regulation also did devise criteria for recognizing the security standards of the third countries for effectively comparing and working towards enhancement of the security control of civil aviation security. The regulation did not only ensured the security management and safety of the civil aviation rather it also did ensure effective management of the administration of the civil aviation staff and personnel so as to monitor effectiveness and productivity in the output delivery. The criteria for the recruitment of the staff and training methods did form the part of one of the prime and principle aim and objective of the regulation of 2008 so as to ensure recruitment of adequately trained and skill professionals. The standards of implementation and execution of the common measures were also laid down by the regulation of 2008.

A critical evaluation of the regulation of the year 2008 is indicative of the fact that the amended regulation numbered EC300/2008 is not an independent established norm for monitoring the maintenance of effective security control and management rather is a supplementing regulation to effectuate the provision of the Chicago Convention on International security aviation. The Chicago convention has categorized and has been the prime operator and governor of the aviation security management and the amended regulation of the aviation law therefore is the catalyst to affect the provision of the Chicago convention on International security aviation.

The regulation has also provided for the imposition of mandatory security costs upon the member states so as to ensure enough spends and expenditure in the maintenance of the security of civil aviation and monitoring of the adherence and strict compliance to the rules and codes therefore. The member states by the virtue of the Article 5 of the amended regulation has also been empowered with the power to impose the reasonable, sufficient and adequate costs of security upon the air carriers, operators, airport entities and other responsible agencies and authorities.

Conclusion

After due consideration and screening of the amended regulation and aviation law as a whole it can be reasonably and validly concluded that the amended regulation has actually facilitated and supplemented the effectiveness of aviation law across the European Union and the regulation has also stressed and focused upon the importance and significance of the terms and provisions of the Chicago convention on the international aviation security. The regulation has also catalyzed and supported the importance of uniformity and the security in the civil aviation to protect and honor the political integrity, unity and sovereignty of the state herein with referred to as the member states under the jurisdiction and purview of the European union.    

(A Guide to Brexit) “Aviation and Maritime Security EU Guidance 2021” <https://brexitlegalguide.co.uk/aviation-and-maritime-security/> accessed January 12, 2022

(Civil Aviation - an overview | Science Direct Topics)  “Civil Aviation” <https://www.sciencedirect.com/topics/social-sciences/civil-aviation> accessed January 12, 2022

(Eumonitor.eu, 2022) 'Regulation 2010/18 - Amendment Of Regulation 300/2008 As Far As Specifications For National Quality Control Programmes In The Field Of Civil Aviation Security Are Concerned - EU Monitor' <https://www.eumonitor.eu/9353000/1/j4nvk6yhcbpeywk_j9vvik7m1c3gyxp/vibx9lkyh4zu> accessed 19 January 2022.

(Eur-lex.europa.eu, 2022) <https://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:097:0072:0084:EN:PDF> accessed 12 January 2022

(Gibraltar Laws)  “Regulation (EC) No 300/2008 of the European Parliament and of the Council - Version 01/01/2021” <https://www.gibraltarlaws.gov.gi/legislations/regulation-ec-no-3002008-of-the-european-parliament-and-of-the-council-5454/version/01-01-2021> accessed January 12, 2022

(Jaato.com, 2022) 'JAA TO - Joint Aviation Authorities Training Organisation' <https://jaato.com/courses/1084/aviation-security-management/> accessed 19 January 2022.

(Legislation.gov.uk, 2022)  'Regulation (EC) No 300/2008 Of The European Parliament And Of The Council Of 11 March 2008 On Common Rules In The Field Of Civil Aviation Security And Repealing Regulation (EC) No 2320/2002 (Text With EEA Relevance)' <https://www.legislation.gov.uk/eur/2008/300/contents> accessed 12 January 2022

(Regulation 2008/300 - Common rules in the field of civil aviation security - EU monitor) “Regulation 2008/300 - Common Rules in the Field of Civil Aviation Security - Main Contents” <https://www.eumonitor.eu/9353000/1/j9vvik7m1c3gyxp/vitgbgio3zxr> accessed January 12, 2022

(Thelawreviews.co.uk, 2022)  'The Law Reviews - The Aviation Law Review' <https://thelawreviews.co.uk/title/the-aviation-law-review-3/european-union> accessed 12 January 2022

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Kuper G and others, 'Who Should Pay For Interdependent Risk? Policy Implications For Security Interdependence Among Airports' (2020) 40 Risk Analysis.

Mantzana V and others, 'Towards A Global Cis’ Cyber-Physical Security Management And Joint Coordination Approach' [2021] Cyber-Physical Security for Critical Infrastructures Protection. 

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My Assignment Help (2022) Aviation Laws And EC300/2008 Regulation: A Critical Essay. [Online]. Available from: https://myassignmenthelp.com/free-samples/law0063-aviation-law/changing-fortunes-of-civil-aviation-file-A1D3A60.html
[Accessed 15 April 2024].

My Assignment Help. 'Aviation Laws And EC300/2008 Regulation: A Critical Essay.' (My Assignment Help, 2022) <https://myassignmenthelp.com/free-samples/law0063-aviation-law/changing-fortunes-of-civil-aviation-file-A1D3A60.html> accessed 15 April 2024.

My Assignment Help. Aviation Laws And EC300/2008 Regulation: A Critical Essay. [Internet]. My Assignment Help. 2022 [cited 15 April 2024]. Available from: https://myassignmenthelp.com/free-samples/law0063-aviation-law/changing-fortunes-of-civil-aviation-file-A1D3A60.html.

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