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La direttiva europea sul procurement della difesa


This study is focused on the recent developments of EC legislation on public procurement related to "sensitive" sectors, such as defence and security. Particularly, the author provides a detailed analysis of the Directive 2009/81/EC, a legally binding instrument which will bring about a radical change in national norms and practices on defence procurement. In that perspective, also private actors will have to review some of their market strategies. Thanks to the new Directive, a single European defence market will be realized in an expected 10-year-time-frame. The assessment of the impact of the new norms' application demonstrates that, notwithstanding some critical aspects, positive effects on international competitiveness of the industries, European technological base and military capabilities should prevail. At the same time, the study highlights the progressive affirmation of a restrictive interpretation of the EC Treaty Article 296 (national security exemption clause). In the past Member States made use of this exemption clause in order to protect national markets and industries.