Public Procurement in The Fields of Defense and Security. A Normative, Doctrinal and Jurisprudential Approach

Abstract

The creation of a centralized legal and institutional framework in the field of public procurement is an integral part of the legislation adopted at EU level in order to achieve the area of freedom, security and justice. The phrase “defense and security” has multiple valences, from the classical perspective, to the protection of critical infrastructures and the constant and rapid evolution in the field of cybersecurity. Having different, sensitive requirements based on national defence and security criteria, the procurement of products or services in these areas is not subject to the general rules for the procurement of common products. Also, in the specific field of non-military security, the objective of public procurement is to protect the security of the EU and the member states, within or outside borders, this may also include the protection of critical infrastructure in public utility sectors. In this context, we propose an analysis of public procurement in the fields of defence and security, in the EU and Romania, from the methodological perspective of the applicable legislation, the doctrine and the case law.