Public Defence Procuement in Denmark UrT 2024 no 2 s. 37

The Danish defence procurement landscape is a complex and multi-layered domain where national security imperatives intersect with European Union (EU) rules, creating a unique framework for military acquisitions. This article explores Denmark’s approach to defence procurement, focusing on the implementation of Directive 2009/81/EC and the nuanced interpretation of Article 346 of the Treaty on the Functioning of the European Union (TFEU).

Directive 2009/81/EC is designed to harmonise the processes for awarding defence and security contracts across EU Member States. It aims to create a more integrated European defence equipment market, thereby enhancing transparency and competitiveness while ensuring that national security concerns are adequately addressed. Despite the Directive’s goal to streamline defence procurement within the EU, it acknowledges the paramount importance of national security, which remains the sole responsibility of each Member State.

Additionally, Article 346 TFEU provides Member States with a legal basis to exclude certain defence and security contracts from the usual EU rules where necessary to protect essential national security interests. In the context of Denmark, this article explores how the Danish Government applies this provision in practice, particularly in cases where national defence needs require bespoke solutions that may not fully align with EU procurement directives.

Mikala Berg Dueholm, Nick Bronstein, Rebecca Bay

PDF: Public Defence Procuement in Denmark UrT 2024 no 2 s. 37
Volym: 2
Sida: 37
År: 2024