ABSTRACT – Space activities have acquired a key role for the economic development and security policies of the Member States as well as for the pursuit of the EU policies. This circumstance has highlighted the need to overcome the legal basis granted by art. 189 TFEU, inherent to the limited EU competences in the field of space and brought to the announcement of a European Space Law suitable for the full realization of the internal market. The contribution analyzes the foundation of this regulatory intervention and outlines its possible content, considering the principle of conferral and the international constraints.