Buying defence and security in Europe : the EU defence and security procurement directive in context / Martin Trybus.

Print version of record.

Cover; Half-title page; Title page; Copyright page; Dedication; Contents; Acknowledgements; Table of cases; Table of legislation and other instruments; Abbreviations; Introduction; Part I The context of the Defence Directive; 1 The political and economic context of the Defence Directive: Buyers, sellers and national security; 1 Introduction ; 2 The economic context ; 2.1 Who is buying? Demand of defence and security goods and services in the EU ; 2.2 Who is selling? The structure of the European defence and security market ; 2.2.1 The European defence market: prime contractors.

2.2.2 The European security market: prime contractors 2.2.3 Subcontractors ; 2.3 Economic characteristics of defence procurement ; 2.3.1 Buying European as a last resort: protectionism or buy American ; 2.3.2 Monopsony ; 2.3.3 Monopolies ; 2.3.4 Duplication ; 2.3.5 High costs ; 2.3.6 State ownership and control ; 2.3.7 Inefficiency ; 3 The political and military background ; 3.1 Sovereignty and autarky ; 3.2 National security ; 3.2.1 Security of supply ; 3.2.2 Security of information ; 3.2.3 The military security cost of non-Europe in defence.

3.3 The pull and push towards deeper European defence and security integration 4 Technological and contractual characteristics of defence procurement ; 4.1 Research and development ; 4.1.1 Off-the-shelf purchases ; 4.1.2 Research and development procurement ; 4.2 Long life cycles ; 4.3 Collaboration ; 4.4 Offsets ; 4.5 Long supply chains ; 4.6 Public-private partnerships ; 4.7 Corruption ; 5 Conclusions ; 2 The legal base of the Defence Directive in EU Internal Market law: Prohibitions, exemptions and proportionality; 1 Introduction.

2 The EU Internal Market and defence and security procurement 2.1 The free movement of goods ; 2.2 The free movement of services and the freedom of establishment ; 2.3 The prohibition of discrimination on grounds of nationality ; 2.4 The public security exemption ; 2.4.1 Public security ; 2.4.2 The narrow interpretation: Johnston, Sirdar, Kreil and Dory ; 2.4.3 The proportionality test: Campus Oil and Greek Petroleum Law ; 2.4.4 Intensity of scrutiny -- a real, specific and serious risk: Albore ; 3 Internal Market legal bases of the Defence Directive ; 4 Conclusions.

3 Defence derogations from the Treaty: Articles 346 and 347 TFEU1 Introduction ; 2 The armaments exemption of Article 346(1)(b) TFEU ; 2.1 The list of armaments according to Article 346(2) TFEU ; 2.1.1 Armaments on the list ; 2.1.2 Material not on the list ; 2.1.3 Military use: the Agusta case law and Finnish Turntables ; 2.1.4 Armaments intended for exports: Fiocchi Munizioni ; 2.2 The effect of Article 346(1)(b) TFEU ; 2.2.1 Not necessary for national security: Spanish Weapons and beyond ; 2.2.1.1 Intensity of scrutiny; 2.2.1.2 Proportionality; 2.2.2 Burden of proof, 2.2.3 Derogation on a case-by-case basis.

A critical evaluation of the EU Defence and Security Procurement Directive 2009/81/EC in its legal, economic, military, and political context.

Includes bibliographical references and index.

English.

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