European Defence Procurement Law:International and National Procurement Systems As Models for a Liberalised Defence Procurement Market in Europe


Book Description

This book analyses in detail the current legal rules on defence procurement within the European Union, the limited regulatory efforts of the Western European Union, and the defence procurement regimes of three major states, France, Germany and the United Kindom. Using these various models, and also the current regime governing civil procurement in the European Union, the book then examines the legal problems of developing an pan-European Code on defence procurement, and suggests how these problems might be resolved. This excellent and timely contribution to the literature not only offers a comprehensive and authoritative analysis of the legal issues involved in liberalising defence procurement, but also provides stimulating suggestions on constructing a suitable regime. Whatever the eventual solution to the problems facing the European defence industry, there is no doubt that this book will make an important contribution to the policy debate.







Transatlantic Defence Procurement


Book Description

This volume constitutes the first ever attempt to establish a basis for comparative research on defence procurement regulation. For decades there has been repeated emphasis on the extent to which barriers to trade in Europe and the US prevent a more competitive defence market. Transatlantic Defence Procurement offers the first analysis of the potential impact of defence procurement regulation itself as a barrier to trade between the US and the EU. Part I examines the external dimension of a new EU Defence Procurement Directive, focusing on its implications for third countries, in particular the US. Part II examines foreign access and treatment under US law. Part III maps a future research agenda that is essential for a more systematic understanding of legal barriers to transatlantic defence trade. The book provides context for future initiatives, ranging from reformed market access arrangements to a Defence Transatlantic Trade and Investment Partnership and beyond.




Joint Public Procurement and Innovation


Book Description

Innovation in public procurement is essential for sustainable and inclusive growth in an increasingly globalized economy. To achieve that potential, both the promises and the perils of innovation must be investigated, including the risks and opportunities of joint procurement across borders in the European Union and the United States. This in-depth research investigates innovation in public procurement from three different perspectives. First, leading academics and practitioners assess the purchase of innovation, with a particular focus on urban public contracting in smart cities involving meta-infrastructures, public-private partnership arrangements and smart contracts. A second line of inquiry looks for ways to encourage innovative suppliers. Here, the collected authors draw on emerging lessons from the US and Europe, to explore both the costs and the benefits of spurring innovation through procurement. A third perspective looks to various innovations in the procurement process itself, with a focus on the effects of joint and cross-border procurement in the EU and US landscapes. The chapters review new technologies and platforms, the increasingly automated means of selecting suppliers, and the related efficiencies that “big data” can bring to public procurement. Expanding on research in the editors’ prior volume, Integrity and Efficiency in Sustainable Public Contracts: Balancing Corruption Concerns in Public Procurement Internationally (Bruylant 2014), this volume builds on a series of academic conferences and exchanges to address these issues from sophisticated academic, institutional and practical perspectives, and to point the way to future research on the contractual models that are emerging from new procurement technologies.




The Law of Collaborative Defence Procurement in the European Union


Book Description

The book examines and makes proposals for improving the law and management of collaborative defence procurement programmes and provides practical examples to enhance efficiency of cooperation between states. Covering a broad scope of legal issues, it contains invaluable information for practitioners, policy-makers and academics aiming to analyse or improve these projects.




Buying Defence and Security in Europe


Book Description

Buying Defence and Security in Europe is the first critical evaluation of the EU Defence and Security Procurement Directive 2009/81/EC, which is now the basis for public and private entities buying armaments and sensitive goods and services in the EU. This instrument aims to ensure non-discrimination, competition and transparency in the security sectors. Part one provides a critical analysis of the economical, historical, political, military-strategic and legal contexts of the new EU Defence and Security Procurement Directive. Part two covers the main aspects of the Directive: its scope, procedures, security of supply and information, offsets and subcontracting, and finally its review and remedies system. This book is an essential overview of a legislative milestone in the field.




Research Handbook on EU Public Procurement Law


Book Description

Public procurement law is a necessary component of the single market because it attempts to regulate the public markets of Member States and represents a key priority for the European Union. This Research Handbook makes a major contribution to the understanding of the current EU public procurement regime, its interface with the law of the internal market and the pivotal role that this will play in the delivery of the European 2020 Growth Strategy.




EU Public Contract Law


Book Description

This book analyses many aspects of the present EU regulatory framework for public contracts, especially public procurement, taking the ongoing reform process into account. First, several chapters discuss the regime of the Public Sector Procurement Directive 2004/18/EC governing the procurement activities of the EU Member States, the coverage of the Directive, qualification and technical specifications, procurement procedures, and award criteria. A specific chapter describes the EU principles applicable to contracts not covered or partially covered by the Directive, which have been the subject of relevant developments in the case law of the European Court of Justice. Another chapter covers sustainable procurement. Second, three chapters are devoted to special procurement regimes, namely public private partnerships, defence and utilities. Third, the review and remedies regime for public procurement is covered in two chapter. Fourth, one chapters goes beyond public procurement and looks at the effect of EU law on the contract management of public contracts, after their conclusion. Fifth, three chapters go beyond the regulation of the Member States and look at the EU law regime applicable to contracts of the EU institutions. Sixth and finally, a concluding chapter provides a critique of the EU legal framework by an author from outside the EU.




European Defence Cooperation in EU Law and IR Theory


Book Description

This book offers a novel contribution to the study of post-Cold War European defence. Interdisciplinary in approach, it uses European law to assess the utility of existing theoretical accounts. By exploring the balance of threat theory, it provides new insights into the forces driving and hindering European defence cooperation.