Chasing the Rainbow when Implementing a Just Culture in European Air Traffic Management

Sammanfattning

In the wake of some high-profile accidents such as Gonesse (2000), Linate (2001) and Überlingen (2002), a trend of criminalisation of aviation professionals was noticeable. Recently, this trend was also seen in cases of operational incidents that did not lead to injury, loss of life or damage to property. This research explores whether the entry into force of Regulation (EU) No. 376/2014 of the European Parliament and of the Council of 3 April 2014, on the reporting, analysis, and follow-up of occurrences in civil aviation addresses the perceived criminalisation of aviation professionals, by fostering dialogue and co-operation between safety and judiciary authorities. This study concluded that despite provisions of the EU law, in many member states, implementing a just culture in aviation is still hindered by the provisions of the penal law, and the lack of dialogues between the stakeholders involved.