It's an interesting one. I wonder if any lawyers here can input?
Curiously the 2005 DfT proposal would have been solidly covered by Crown Immunity.
The EASA proposals are drawn up by amateurs, occassionally with legal support, but it seems evident that nobody takes the wider legal view at that stage. For example, ICAO compliance would have required the use of "national" while EASA has used "resident" which is a completely different concept and is in breach of ICAO provisions giving members states jurisdiction within their own airspace.