A critical evaluation of the EU Defence and Security Procurement Directive 2009/81/EC in its legal, economic, military, and political context.
Inhaltsverzeichnis
Introduction; Part I. The Context of the Defence Directive: 1. The political and economic context of the Defence Directive: buyers, sellers, and national security; 2. The legal base of the Defence Directive in EU internal market law: prohibitions, exemptions, and proportionality; 3. Defence derogations from the Treaty: Articles 346 and 347 TFEU; 4. The EU law and policy context beyond the Defence Directive: intra-Community transfers, exports, standardisation, competition law, mergers, and State aids; 5. European armaments law and policy outside the EU internal market: EDA, OCCAR, Letter of Intent, and NATO; Part II. The Defence Directive: 6. Inside or outside the Defence Directive: limitation of scope; 7. Security through flexibility: the procurement procedures of the Defence Directive; 8. Security of supply and security of information: description in the specifications, contract conditions, qualification and award criteria; 9. Addressing the structure of the European defence industries: substituting offsets with subcontracts?; 10. The 'hidden Remedies Directive': review and remedies in the Defence Directive; Conclusions.
