The Tailor-Made EU Defence and Security Procurement Directive: Limitation, Flexibility, Descriptiveness and Substitution

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Can the EU Defence and Security Procurement Directive 2009/81 open the defence procurement markets
of the Member States and thus contribute to the establishment of an internal defence equipment market?
Ultimately this depends on its implementation and application in practice. However, if national security
concerns are sufficiently accommodated in the Directive, the use of the armaments exemption in art.346
TFEU will be reduced and defence and security procurement will be conducted to a larger extent “inside”
the instrument and thus the internal market. This article will discuss the techniques the EU legislator used
to adapt the Directive to defence and security needs: limitation, flexibility, descriptiveness and substitution.
It will be argued that overall a tailor-made Directive for defence has been provided.


Original languageEnglish
Article number1
Pages (from-to)3-29
Number of pages27
JournalEuropean Law Review
Issue number1
Publication statusPublished - Feb 2013


  • defence directive