THE DEFENCE SECTOR IN EU LAW: THE NEED FOR A MORE INTEGRATIVE APPROACH

The legal framework of the European legal order provides opportunities for the development of the defence sector at both the intergovernmental and supranational levels. To date, Member States, driven by concerns associated with the notion of national sovereignty, have relied primarily on intergovernmental forms of cooperation in the field of defence. However, the intergovernmental approach is proving inadequate in an increasingly hostile international environment. An urgent need is emerging for the EU to also operate according to the supranational model regarding the industry of defence in order to address security concerns more effectively. This article first analyses the governance of defence within the intergovernmental legal framework and subsequently within the supranational legal framework. It then argues that, without detracting from the importance of the former, greater emphasis should be placed on the latter through the existing framework of EU institutional law, insofar as its strengthening contributes to the enhancement of the European Union’s strategic autonomy and, ultimately, to the emergence of European sovereignty.