EU 공공조달법제에 대한 연구 - 2014년 EU 개정 공공조달지침을 중심으로 -

From the 1970s, the European Community has used Directives to liberalize public procurement market within the Community. Public Procurement Directive, Utilities Procurement Directive, Remedies Directive and Defense Directive were evolved with the development of cases of the European Court of Justice. Public Procurement Directive was revised in 2014 to pursue simplification and to reflect social, environmental, and innovation policy. The main features of revised 2014 EU Public Procurement Directive is as follows. First, flexible contracting type like negotiated procedure are strengthened, and innovation partnership is introduced to enhance innovation policy through public procurement. Second, ‘economically most advantageous tender’ is established as a sole award criteria, and ‘life cycle cost’ standard is also introduced to materialize the best value for money. Third, the cases which exclude the bidders is clarified and smart anti-corruption system like self-cleaning is introduced. Fourth, the cases which allow modification of contract without new tendering is clarified. Revised 2014 EU Public Procurement Directive gives many lessons to Korean law. Based on these lessons, it is necessary to expand the discretion of procuring agency to pursue value for money and establish effective and smart anti-corruption system in Korea.