SWEDEN Trends and Developments Contributed by: Erik Olsson, Christian Hybbinette and Daniel Lundqvist, Kahn Pedersen
Not every system requires sovereign infrastructure or an offline alternative; the most critical systems may. The essential point is that this distinction is made con - sciously, that hidden dependencies are understood and that the required capability is actually tested. The task is not to recreate the analogue resilience of the past. Sweden cannot, and should not, reverse decades of digitalisation. The task is instead to build a form of digital resilience capable of supporting mod - There is a natural tension between EU law and Swed - ish total defence law. Total defence is, and will remain, a national responsibility. Article 4 of the Treaty on European Union recognises national responsibil - ity for security matters. At the same time, there are clear geopolitical advantages to the Europeanisation of defence. Although the EU is not yet a fully fledged defence union, it is increasingly becoming a prepared - ness union. ern total defence. The EU Dimension This creates a challenge for Sweden’s total defence efforts. Every agreement entered into and every deci - sion taken within the framework of total defence must be assessed for compatibility with EU law, particularly procurement law and state aid law. Peacetime total defence activities must be conducted in a manner consistent with EU law.
At the same time, it is clear that the EU is seeking to address this tension. One example is the Euro - pean Commission’s updated decision on services of general economic interest, or SGEI, which expressly supports the development of national preparedness in relation to critical medical products. Another impor - tant development is the increasing scope within public procurement to exclude non-European alternatives. For Swedish authorities, the challenge is therefore not simply to maximise national autonomy but to build a total defence capability that is both operationally credible and legally compatible with Sweden’s obliga - We are living through a period of rapid and far-reaching change. In this environment, the role of defence law is to provide the structure and predictability required for the investments on which total defence depends. The next three years will be marked by intense legislative activity and a significant increase in the expectations placed on private companies carrying out activities critical to Swedish society. tions as an EU member state. What Comes Next for Sweden? At the same time, this shift – and the willingness to invest that accompanies it – presents significant commercial opportunities for companies capable of responding quickly to the expectations of total defence. As ever, whether this change is perceived as a challenge or an opportunity depends on one’s perspective.
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