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Chapter XXIV - The Public Procurement Arbitration Board (192-193. §)

192. §

1.    The Public Procurement Arbitration Board shall be responsible for arranging remedy proceedings related to any infringements or disputes related to public procurement or design contest procedures.

2.    The efficient operation of the Arbitration Board shall be ensured against the Authority‘s budget.

3.    The Arbitration Board shall be constituted by public procurement commissioners in a number determined by the Council and employed as civil servants, and a Chairperson, who are appointed and recalled by the Authority.

4.    The Chairperson and the deputy Chairperson of the Arbitration Board shall be appointed for five years by the Council with the vote of two thirds of the members present. The deputy Chairperson of the Arbitration Board shall be appointed by the Council from the public procurement commissioners and the person shall be recommended by the Chairperson of the Arbitration Board. The Chairperson and the deputy Chairperson of the Arbitration Board can be re-elected.

5.    A person may qualify for the position of the Chairperson of the Arbitration Board, if this person

a)    holds a professional certificate in law and

    has at least five years’ experience in public procurement, or

    has at least three years’ experience in public leadership, or
 
b)    has at least three years’ experience as a judge or prosecutor.

6.    The SLSA shall be applicable to the public service relationship of the Chairperson of the Arbitration Board with the differences pertaining to the public official legal status of the public procurement commissioners according to this Act.

7.    The monthly income of the Chairperson of the Arbitration Board shall be 60% of  the monthly income  of the President of the Authority. The Chairperson of the Arbitration Board shall also be entitled to other benefits as due to the state secretaries.

8.    The Chairperson of the Arbitration Board shall be entitled in every calendar year to go on a senior compensatory leave the time period whereof is stipulated in the regulations of the Authority.

9.    The personal files of the Chairperson of the Arbitration Board shall be managed and, for the Chairperson of the Arbitration Board, the data stipulated in Article 68 of SLSA shall be registered, furthermore, the administrative duties related to the employment relation of the Chairperson of the Arbitration Board shall be performed by the deputy Chairperson of the Arbitration Board.


 

193. §

1.    The Chairperson of the Arbitration Board shall

a)    manage the work of the Arbitration Board;

b)    represent the Arbitration Board;

c)    prepare and submit for approval to the President of the Authority the organisational and operating regulations of the Arbitration Board;

d)    verify that procedural time limits are observed;

e)    ensure that the naming and the subject of the case related to the application, the names of the clients, the date of the receipt of the application, the substantial decision of the Arbitration Board closing the case and its decree allowing the conclusion of the contract, and in the case of challenging the decision in an administrative proceeding, the decision of the court are published without delay following the submission of the application initiating the proceedings of the Arbitration Board;

f)    ensure that public procurement commissioners are informed about the opinion of the college pursuant to Article 168(2).

2.    The deputy Chairperson shall have full powers to substitute for the Chairperson of the Arbitration Board in the absence of the latter.

3.    The legal status of public procurement commissioners as civil servants shall be governed by the SLSA with the derogations provided for in this Act.

4.    A person may qualify for the position of public procurement commissioner on condition that he has a higher education degree and at least three years of work experience, as well as a professional certificate in public administration and/or law, or has public administration studies postgraduate specialisation qualification or governmental studies postgraduate specialisation qualification.

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6.    With the exception of scientific, teaching, artistic, publisher‘s reader‘s, editorial, legally protected intellectual activities and foster parental employment relationship, public procurement commissioners shall not accept other assignments, shall not have other gainful occupations, shall not be members under obligation to make personal contribution, chief officers or supervisory board members in business enterprises.

7.    The following persons shall be precluded eligibility for the post of public procurement commissioner:

a)    members of Parliament, members of local government, spokespersons of nationalities, mayors and chamber officers;

b)    persons holding an interest beyond twenty-five percent, and/or HUF twenty-five million in a business enterprise.

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10. The legal status of public procurement commissioners as civil servants may terminate with dismissal other than provided for in the SLSA in the event that the Council reduces the headcount of the Public Procurement Arbitration Board.

11.

12. Public procurement commissioners shall be independent in the decision-making process, their decisions shall be taken according to the relevant legislation and shall reflect their conviction, and they may not be influenced nor given instructions in making their decisions.