From Pixels to Policy to the Court: The Current Legal and Jurisdictional Landscape of the Use of Remote Sensing Data for Environmental Protection in the EU

Abstract

The paper analyses the legal framework for the collection and distribution of remote sensing data, particularly in the field of sustainable development and environmental protection at the European level. The research firstly focuses on the historical evolution of space law at the international, European, and national levels, starting from the 1970s. In parallel, environmental law has rapidly developed since the Stockholm Conference of 1972, with thousands of sources regulating aspects related to nature, the environment, and sustainable development. However, the effectiveness of environmental law remains a challenge due to technical difficulties, high costs, and a lack of awareness at all levels. To overcome these obstacles, remote sensing offers valuable information for environmental policies, from conception to implementation. Therefore, satellite observation is considered to analyse whether the data obtained through remote sensing can have a real impact on environmental protection, supporting this sometimes-flawed legislation. A legal framework was established with UN Resolution 41/65 in 1986, defining principles of cooperation and access to satellite data, particularly for natural disasters. Europe, through its institutions and policies, plays a key role in the development of environmental law and the promotion of new technologies to facilitate the application of these rules and the deployment of ambitious policies. A preliminary question is whether European institutions are the most suitable legislative and judicial level to ensure environmental compliance or if controls and decision-making at the local level are more effective, although this effectiveness is difficult to assess. Regarding the use of remote sensing, despite the growing availability of satellite data and a move towards an ‘Open Data’ system promoting sharing, use, and archiving of these data through a favourable European framework, legal and technical constraints hinder free use in all areas. Limitations may exist due to risks to privacy or intellectual property. Additionally, certain applications of satellite data remain underutilised due to prohibitions related to national security or diplomatic reasons. One of the main obstacles at the member state level of the European Union is the reluctance of legal bodies and the courts to accept satellite data as evidence, often due to a lack of understanding of the technology and concerns about data accuracy and confidentiality. Furthermore, cost and technical complexity issues limit the widespread adoption of these technologies. From a legal and academic perspective, it is interesting to compare the approaches of member states, in light of the different rules of civil, criminal, and administrative procedure, and to identify anomalies or barriers to the admissibility of evidence from remote sensing. In conclusion, data derived from remote sensing offers powerful tools for environmental protection, but their effective use requires international cooperation, robust legal frameworks, and increased stakeholder awareness. To maximise the impact of these technologies, it is essential to overcome legal and technical obstacles and encourage broader and more informed adoption of these innovative tools, harmonising the practices of member states.