Space activities have been successfully developed over 45 years in Europe in the framework of the European Space Agency (ESA). The mission of this European International Organization is to shape the development of Europe’s space capability and ensure that investment in space continues to deliver benefits to the citizens of Europe and the world. In the case of the European Union (EU), is it a European Organization for the space? Before 2007, this question would have a negative answer as the European Communities Treaties did not have a specific legal basis for space. Nevertheless, some actions and decisions were adopted with references to other articles of the European Community Treaty related (industry, transport, research and technological development). The EU could have this competence conferred on it by the 2004 Constitutional Treaty; however, it did not come into force. At last, the 2007 Lisbon Treaty creates a legal basis enabling the EU to conduct a European Space Policy. 

The development of a “European Space Policy” (ESP) is essential for the EU, ESA and Member States due to the strategic value of the outer space and the space activities for the wellbeing of the European society, the economic growth and the achievement of numerous public policies. So, it is necessary to regulate it in the EU Treaties given that the European integration project requires to have specific legal basis for actions and decisions; to have the political legitimacy (e.g. to legitimize the spending of EU funds); and an internal and external symbolic force.

The Treaty of Lisbon has designed a very special legal regime for the ESP, reinforcing the national limits around this competence (to satisfy the Member States), but praxis proves the necessity of more cooperation/integration. After the legal basis is established, the next step is the implementation of the ESP, in which a strategy is essential. However, the economic and financial crisis of the last years in Europe has not been the best context for that and the Communication Towards A Space Strategy For The European Union That Benefits Its Citizens (2011) was probably more a declaration of intents than a real strategy. Later on, the Communication Space Strategy for Europe (2016) seems to be a real strategy, but it is crucial to put it into practice through programmes on the ground, taking advantage of the envisaged end of the economic and financial crisis in Europe. Fortunately, the European Space Programme (2021-2027) has been adopted and EU and ESA have signed a new Financial Framework Partnership Agreement in June 2021. These steps are crucial for the future of the European Space Policy.