UAS: Legal Gaps and Regulatory Challenges in Airport Risk Prevention

The increasing integration of Unmanned Aircraft Systems, drones, into European airspace presents complex legal and operational challenges for airport safety and security. This article examines the evolving regulatory landscape governing UAS operations within controlled aerodrome airspace through a layered analysis of European Union (EU) law, national legal frameworks, and relevant jurisprudence. While EU Regulations (EU) 2019/947 and (EU) 2021/ 664 have established foundational standards, the study argues that significant legal gaps and enforcement challenges persist, particularly concerning the specific responsibilities and liabilities of airport operators. Through comparative case studies of major European airports (Frankfurt/ Main, Gatwick, Warsaw, Madrid, and selected Ukrainian cases), the article highlights inconsistencies in national implementation, the fragmented interface between safety and security protocols, and the legal ambiguities surrounding counter-UAS (C-UAS) technologies. It further explores the role of non-binding soft law instruments in shaping operational best practices amidst these challenges. Ultimately, the research underscores the necessity of harmonizing hard and soft law instruments and formally integrating airport stakeholders into regulatory processes to ensure coherent, accountable, and resilient legal governance of UAS in the highly sensitive environment of airport operations.