Análisis y perspectivas de la contratación administrativa en el sector de la defensa.El contrato gobierno a gobierno

Resumo

The purpose of this doctoral thesis, entitled "Analysis and perspectives of administrative contracting in the defence sector: the Government to Government contract", is to carry out a detailed study of the contractual activity developed by States in the field of defence, starting from the premise that national defence is a constitutional aim of the State, aimed at guaranteeing its own survival, to which the different legal instruments placed at its service must be subordinated. In this way, an analysis is made of the configuration of national defence in the Spanish Constitution, in a broad mannerand not limited to its fundamental instrument, the Armed Forces, highlighting its concept as an exclusive competence of the State, its transversal nature in that it involves all public powers and citizens, as well as its capacity to limit public and private rights and interests, including fundamental rights and public liberties. It also analyses the specific characteristics of the market in which goods and services destined to satisfy the essential needs of national defence are exchanged, taking into account the singularities of the subjects that contract, the States, either directly or through cooperation in International Security and Defence Organisations; of the subjects that produce them, integrated in the so-called defence industry, with a high strategic and technological value; and of the objects of trade, consisting mainly of weapons systems, platforms and intellectual and industrial property rights. The purpose of all this is to demonstrate that the defence market is a market subject to special rules, derived, among other circumstances, from the concurrence of the different applicable legal systems...