Közbeszerzési Hatóság

146. §

Public procurement commissioners

146. §

1. In the cases determined in Article 145(2)–(4) (hereinafter referred to as ‘public procurement cases’), with the exception described in paragraph 4, the Public Procurement Arbitration Board shall act in a panel consisting of three public procurement commissioners, passing its decision by a majority vote.

2. The members and the president of the acting panel shall be appointed by the Chairperson of the Public Procurement Arbitration Board. At least two of the appointed members of the panel handling the case shall have the bar examination, in the case of public procurement cases affected by European Union support at least one of the members shall have experience in public contracts carried out using subsidies and one of the members shall have a degree in higher education closely related to the subject-matter of the case. The president of the acting panel shall only be a public procurement commissioner who has obtained the Bar examination.

3. The president of the acting panel shall be responsible for preparing and presiding over the proceeding. Apart from the interim measures and decrees resulting in the closure of the public procurement case [Articles 151(5) and (6) and Articles 30 and 31(1) of the AP], the decision on the extension of the procedure [Article 158(1)] and the decision on the substance of the public procurement case (hereinafter referred to as ‘substantial decision’) [(Article 165], the president of the acting panel may take any measures and make any decisions which, under the provisions of this Act, fall within the competence of the Public Procurement Arbitration Board.

4. In matters specified in Article 153(1)(a)-(b), a single public procurement commissioner of the Public Procurement Arbitration Board shall proceed. Only public procurement commissioners having qualified for the Bar can be appointed as single acting commissioners by the Chairperson of the Public Procurement Arbitration Board. Any reference in this Act to the acting panel or president shall also include single acting commissioners. (This amendment entered into force on 1 January 2017.)