The Operation of Traffic Rights in the Post- Brexit Era: A Cost-Benefit Analysis

Abstract

On 30 December 2019, the European Union (EU) and Euratom, of the one part, and the United Kingdom (UK) of the other part, concluded an Agreement on Trade and Cooperation following the withdrawal of the UK from the EU. This agreement contains provisions on air transport, including the operation of traffic rights. It entered into force on 1 May 2020. The present essay will analyse the regulation of traffic rights in relation to the situation which governed the aviation relations between the two parties before said withdrawal, that is, the regime set forth by EU Regulation 1008/2008 on Common Rules for the Operation of Air Services in the Community. It will also look at the conduct of external aviation relations of the EU, while considering general air law provisions. In light of the previous state of the law, and similar arrangements made between jurisdictions aiming at the promotion of liberalization of trade and air services, it will be concluded that the restrictions on the operation of these traffic rights are relatively strict. Moreover, aviation, including traffic rights, has been approached in a rather pragmatic fashion, also meaning that the governance of the operation of air transport from an international and European law perspective has not always been appreciated. It is to be hoped that the parties will be able to establish a more liberal relationship in the future. Traffic rights, operation of air services, division of competencies, level playing field, fair competition, the EU internal market on air transport, air services agreements, the global framework