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Cooperation in Defence and Security Procurement among EU Member States journal article

Applicable Law and Legal Protection

Pascal Friton, Christopher Wolters, Niklas Andree

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 1, Page 24 - 41

Strengthening cooperation in defence and security procurement among Member States has become an important concern of the European Union. Because joint procurements reduce costs, facilitate cooperation and strengthen allies, the European Commission has encouraged Member States repeatedly to cooperate more strongly in such matters. The expected increase in cooperation creates a pressing need to familiarise oneself with the applicable legal framework – a need this paper seeks to satisfy. It focuses on cases, in which Member States charge one entity (which may be, for example, one of the Member States or an international organisation) with the procurement of security goods and services and proceeds in three main steps. First, it analyses the applicable procurement rules for both the external relationship between the entity and the supplier as well as the internal relationship between the entity and the participating Member States. In a second step, the paper proceeds in closely examining the narrowly confined exemptions found in EU primary law as well as the exemption framework of Directive 2009/81/EC. In its final section, the paper delineates the legal protection available to aggrieved parties with respect to both relationships. Keywords: Defence and security; Joint/collaborative procurement; Directive 2009/81/EC; Article 346 TFEU.


Setting the Scene for Defence Procurement Integration in the EU journal article

The Intergovernmental Mechanisms

Simion-Adrian Purza

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 4, Page 257 - 269

This article provides a contextual overview of the various intergovernmental instruments and mechanisms that define EU defence and security cooperation in general and defence procurement in particular. The main hypothesis is that the legal substance pertaining to EU defence procurement has emerged from the political and strategic level of decision and has been progressively imbedded into various layers of EU policy-making, through a slow but steady trickle-down effect. The article has a twofold approach, providing a conceptual analysis of the main driving forces behind defence cooperation at EU level, along with an attempt to determine the extent to which the European Defence Agency has contributed to the evolution of the EU framework in this field, by promoting coordination mechanisms that have ultimately evolved into concrete regulatory solutions for defence procurement. Keywords: EU defence procurement; European Defence Agency; Intergovernmental cooperation; EU security integration; Directive 2009/81/EC; Code of Conduct.

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