Title: Procurement for the armed forces: balancing security and the internal market
Abstract: The Member States need to balance their national security interests with the internal market interests of the Community when buying for their armed forces. For this purpose, the current public procurement directives and the draft proposal for a new directive contain defense-related exemptions. The following article will provide the first comprehensive analysis of these exemptions. Whereas the current Supplies Directive excludes armaments from its scope, the new directive, put forward in the 2000 Draft Proposal, seems to apply in principle to all purchasing activities for the armed forces, including the acquisition of armaments. If this is the case, the Draft Proposal takes recent case law on the arms related exemption of the Treaty into account. It will be argued, however, that the application of the new directive to armaments does not sufficiently accommodate the special characteristics of the defense sector. Europe needs a separate defense procurement directive.
Publication Year: 2002
Publication Date: 2002-01-01
Language: en
Type: article
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Cited By Count: 4
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