Buying Defence and Security in Europe

Martin Trybus is Professor of European Law and Policy and Director of the Institute of European Law at University of Birmingham. He has been involved in many studies of the OECD, the European Commission and the European Defence Agency on matters of public procurement and the European armaments market. He currently serves on the Procurement Review Board of the European Space Agency and is the legal expert on a team led by RAND Europe providing advice and research for the European Commission on the transposition and implementation of the Defence and Security Procurement.

• 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.