Drones in the Digital European Sky: Theoretical Foundations and Aviation Law Perspectives

Originating from the PRIN 2022 research project “ATM, Drones and D.A.N.T.E. (Digitalization, Artificial Intelligence and New Technologies for Environment),” this open access book focuses on the fundamental epistemological transformation in aviation law sparked by the advent of Unmanned Aircraft Systems (UAS). The authors investigate how rapid technological advances and autonomous agents challenge the anthropocentric principles established by the 1944 Chicago Convention. Further, they delineate the progression of regulation from a “weight-based” philosophy to a more flexible “risk-based” and “performance-based” framework, driven by the heterogeneous nature of drone operations.

The book examines the “crisis of categories,” analyzing at which point flying objects are no longer classified as aircraft and how the “product” paradigm transition shifts emphasis from functionality to design, considering “open” category drones as consumer commodities. It also contrasts national frameworks – such as Italy’s assimilationist strategy and France’s security-oriented model – to underscore the tensions between national sovereignty and EU harmonization. In turn, it describes how UAS have been integrated into Air Traffic Management through the Single European Sky (SES II+) initiative and the development of “U-Space,” a digital ecosystem designed to replace human-centric control with automated systems. To do so, the book examines e.g. Urban Air Mobility (UAM) infrastructure, such as “vertiports,” and the conflicts over regulatory authority between aviation authorities and municipal councils.

A substantial portion of the book addresses the decoupling of the “Pilot-in-Command” concept from the “Black Box” issue in connection with AI-based decision-making.

Given its scope, the book offers a valuable resource for legal practitioners, policymakers, and researchers interested in the “stress test” that autonomous agents represent for current legal frameworks. In addition, it advances aviation law scholarship by conceptualizing the “Digital European Sky” as a redefinition of the social contract for shared airspace, with the objective of promoting a secure and resilient future for civil aviation.