The Law Of Collaborative Defence Procurement In The European Union
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Author | : Baudouin Heuninckx |
Publisher | : Cambridge University Press |
Total Pages | : 263 |
Release | : 2017 |
Genre | : Law |
ISBN | : 1107131359 |
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.
Author | : Baudouin Heuninckx |
Publisher | : |
Total Pages | : |
Release | : 2011 |
Genre | : |
ISBN | : |
This thesis critically analyses the procurement rules of international organisations or agencies performing collaborative defence procurement in the European Union (EU). In collaborative defence procurement, States agree to procure equipment or services for their armed forces in common, thereby sharing development costs and looking for economies of scale. The management of collaborative defence procurement programmes is often entrusted to an international organisation or agency acting on behalf of the participating States. After setting out the political, economic and legal context of collaborative defence procurement in the EU, we analyse the applicability of domestic and EU law to international organisations, in particular public procurement law in the field of defence. The conclusion of this first part is that, whilst domestic and EU law apply in general terms to international organisations or agencies, this is subject to the substantive provisions of the relevant laws and to international law, such as the privileges and immunities of the organisations. Specifically, international organisations or agencies in the EU most likely would not have to comply with domestic procurement law or with the EU public procurement directives, but they would still have to comply with the procurement principles flowing from the EU Treaties, except if non-EU Member States control their decision-making. We then move on to an analysis of the procurement rules of three international organisations or agencies performing collaborative defence procurement in the EU: the Joint Organisation for Armaments Cooperation (OCCAR), the NATO Maintenance and Supply Organisation (NAMSO) and the European Defence Agency (EDA). For these organisations we analyse to what extent their procurement rules should comply with EU law, to what extent they are an efficient set of rules, and what measures could be taken to remedy any detrimental issue or incoherence identified. We conclude with recommendations aiming to improve the applicable law.
Author | : Martin Trybus |
Publisher | : Springer |
Total Pages | : 0 |
Release | : 1999-07-30 |
Genre | : Law |
ISBN | : 9789041111678 |
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.
Author | : Christopher Bovis |
Publisher | : Edward Elgar Publishing |
Total Pages | : 665 |
Release | : 2016-07-27 |
Genre | : Law |
ISBN | : 1781953260 |
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.
Author | : Martin Trybus |
Publisher | : Cambridge University Press |
Total Pages | : 583 |
Release | : 2014-10-13 |
Genre | : Law |
ISBN | : 1107002508 |
A critical evaluation of the EU Defence and Security Procurement Directive 2009/81/EC in its legal, economic, military, and political context.
Author | : Antonio Calcara |
Publisher | : Routledge |
Total Pages | : 233 |
Release | : 2020-03-02 |
Genre | : Political Science |
ISBN | : 1000039528 |
This book comparatively examines the preferences of four key arms-producing states towards European joint armaments programmes. The European defence market is characterised by a mixture of inter-state competition and European cooperation, and this work assesses why countries sometimes decide to cooperate with their partners, while in other instances they refrain from doing so. In order to shed light on this empirical puzzle, the book focuses on state-defence industry relations in the four major European arms producers: France, Germany, Italy and the UK. The main argument is that the public or private governance of industrial suppliers and market size are the two decisive variables that explain the simultaneous presence of cooperation and competition in European defence procurement. Specifically, it argues that in public governance ecosystems, arms industries are able to "capture" the state's decision-making processes to their own advantage. In private governance ecosystems, the state is relatively autonomous from defence industry's influence and able to pursue larger macro-economic and military benefits. Moreover, the strategy pursued by governments and defence firms is decisively shaped by market size because of its importance in determining the relative costs and benefits of collaborative arrangements. This book will be of much interest to students of EU policy, defence studies, European politics and International Relations.
Author | : Roberto Caranta |
Publisher | : Primento |
Total Pages | : 502 |
Release | : 2013-12-13 |
Genre | : Law |
ISBN | : 2802741675 |
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.
Author | : Luke R. A. Butler |
Publisher | : Cambridge University Press |
Total Pages | : 563 |
Release | : 2017-03-02 |
Genre | : Business & Economics |
ISBN | : 1107115515 |
A comparative analysis of the role of EU and US defence procurement regulation as a barrier to transatlantic defence trade.
Author | : Burgess, Kevin |
Publisher | : IGI Global |
Total Pages | : 372 |
Release | : 2016-07-22 |
Genre | : Technology & Engineering |
ISBN | : 1522506004 |
Military and defense organizations are a vital component to any nation. In order to maintain the standards of these sectors, new procedures and practices must be implemented. Emerging Strategies in Defense Acquisitions and Military Procurement is a pivotal reference source for the latest scholarly research on the present state of defense organizations, examining reforms and solutions necessary to overcome current limitations and make vast improvements to their infrastructure. Highlighting methodologies and theoretical foundations that promote more effective practices in defense acquisition, this book is ideally designed for academicians, practitioners, researchers, upper-level students, and professionals engaged in defense industries.
Author | : T. Dyson |
Publisher | : Springer |
Total Pages | : 150 |
Release | : 2013-05-07 |
Genre | : Political Science |
ISBN | : 1137281308 |
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.