Collaborative defence procurement in the European Union and in the Czech Republic - business principle leading more effectiveness of public expenditure in the field of defence

Abstract

This article deals with collaborative defence procurement, including critically analyses subjects (agencies) performing defence procurement. In relation to defence procurement author analyses the political, economic and legal context of collaborative defence procurement in the EU and the applicability of EU law (procurement rules) and Czech procurement rule, focussing on opportunities for firms (enterprises). Further, author analyses international organisations and agencies in the field of defence procurement, like OCCAR, NAMSO and EDA. It means the Joint Organisation for Armaments Cooperation, the NATO Maintenance and Supply Organisation (NAMSO) and the European Defence Agency. There is topical theme relating some army controversial tenders in the Czech Republic. Recommendations towards to improve the applicable law are including also.

Consequences of the Public Contract Law for Purchase of Scientific Appliances in the Czech Republic

“…However, the fl ow of funds for acquisition of scientifi c and research equipment should be supported by appropriate legislation with such wording and form not to prevent purchases of that equipment. Availability of public funds for something which in fact cannot be, due to wrongly set legislation, acquired by a contracting authority is the problem which must be eliminated through timely implementation of the above proposed changes in the Public Contract Law (Jurčík, R., 2013b). It is therefore up to the lawmakers to implement the changes in the Public Contract Law as soon as possible; the changes will make easier for contracting authorities operating in the fi eld of scientifi c and research sphere to acquire equipment for their work and in consequence to facilitate suffi cient conditions for their scientifi c work.…”

“…The advisory body would provide the contracting authority with certain cooperation and professional assistance in searching and selection of the potential supplier who will be able to perform the inquired subject of performance in the form of unique scientifi c equipment. Based on mutual cooperation between the contracting authority and the expert body, the potential supplier of the inquired equipment could be selected (Jurčík, R., 2013b).…”

Permissible Public Cooperation in the Field of Public Administration - Opportunity for Enterprises

“…There is considerable legal uncertainty as to how far contracts concluded between entities in the public sector should be covered by public procurement rules (Jurčík, R., 2013). The relevant case-law of the Court of Justice of the European Union is interpreted diff erently between Member States and even between contracting authorities and it is discussed (Jurčík, R., 2012).…”

The Impact of the Implementation of the Government's Digital Direct Expenditure Program to Improve MSME Performance

“…One of the challenges faced by MSMEs is late or non-current payments after completing procurement contracts. (Jurčik, 2013) Goods and services procurement defense programs often involve a guaranteed and timely payment mechanism to MSMEs after the work or delivery of goods is completed. This helps reduce financial risks for MSMEs and ensures better liquidity for their business operations.…”