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The Law of Collaborative Defence Procurement in the European Union


  • Author: Baudouin Heuninckx, Belgian Armed Forces Procurement Division, Brussels; University of Nottingham; Belgian Royal Military Academy, Brussels
  • Date Published: November 2016
  • availability: Available
  • format: Hardback
  • isbn: 9781107131354

£ 69.99

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About the Authors
  • States increasingly cooperate to buy expensive defence equipment, but the management and legal aspects of these large collaborative procurement programmes are complex and not well understood. The Law of Collaborative Defence Procurement in the European Union analyses how these programmes are managed, and highlights areas which require improvement. The book addresses the law applicable to these programmes, which is built upon a four-layer 'matryoshka doll' of legal relationships at the crossroads of public international law, EU law and domestic law. Using practical examples, the book makes proposals for clarifying the legal basis and improving the efficiency of defence equipment cooperation among EU member states. By covering a broad scope of legal issues, this analysis goes beyond the defence sector and is relevant to centralised or joint purchasing and procurement activities of international organisations, providing invaluable information for practitioners, policy-makers and academics aiming to analyse or improve these projects.

    • Analysis of the current law and management of defence procurement programmes makes the book a key tool for practitioners
    • Legal issues of procurement law, decision-making and management are covered, appealing to a broader audience
    • Discusses not only theory but makes practical recommendations for improving cooperation, providing policy-makers with invaluable information
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    Product details

    • Date Published: November 2016
    • format: Hardback
    • isbn: 9781107131354
    • length: 262 pages
    • dimensions: 235 x 158 x 17 mm
    • weight: 0.6kg
    • contains: 4 b/w illus.
    • availability: Available
  • Table of Contents

    Part I. Analysis of Collaborative Defence Procurement in the EU:
    1. The need for collaborative defence procurement
    2. Organisation of collaborative defence procurement programmes
    3. Procurement process of collaborative defence procurement programmes
    4. Initiatives to improve collaborative defence procurement in Europe
    Part II. Legal Framework of Defence Procurement in the EU:
    5. The Matryoshka doll of four legal relationships
    6. The EU treaties and defence procurement
    7. The EU public procurement directives and defence procurement
    8. The EU legislation on trade in defence goods
    9. Institutional law of international organisations
    Part III. Examples of Collaborative Defence Procurement Structures:
    10. International organisation performing collaborative defence procurement in Europe
    11. State-to-state defence procurement cooperation
    Part IV. First Matryoshka Doll: The Decision to Participate in a Collaborative Programme:
    12. Applicability of the public contracts directive
    13. Applicability of the defence and security directive
    14. Applicability of the EU treaties principles
    Part V. Second Matryoshka Doll: The Relationship between the Participating States:
    15. International agreements and EU law
    16. Obligation to implement directives
    Part VI. Third Matryoshka Doll: The Procurement Rules of the Programme Management Entity:
    17. Procurement rules of programmes managed by an international organisation
    18. Procurement rules of programmes managed by a lead nation
    Part VII. Actual Compliance with Applicable Law:
    19. Rules for OCCAR programmes
    20. Rules for EDA projects and programmes
    21. Rules of NSPO
    Part VIII. How to Improve Collaborative Defence Procurement in the EU:
    22. Increasing efficiency of collaborative defence procurement programmes
    23. Legal improvements of collaborative defence procurement.

  • Author

    Baudouin Heuninckx, Belgian Armed Forces Procurement Division, Brussels; University of Nottingham; Belgian Royal Military Academy, Brussels
    Baudouin Heuninckx, MCIPS, is the Chief Counsel of the Belgian Armed Forces Procurement Division and a part-time academic at the University of Nottingham and the Belgian Royal Military Academy.

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