Közbeszerzési Hatóság

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

  1. holds a professional certificate in law an

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

    has at least three years’ experience in public leadership, or

  2. has at least three years’ experience as a judge

or prosecutor.

6. The ACS 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 Chairperson of the Arbitration Board shall be entitled to salary and other benefits as due to the state secretaries. The deputy Chairperson shall be entitled to salary as due to heads of departments. (This amendment entered into force on 1 January 2017.)

193. §

1.  The Chairperson of the Arbitration Board shall

  1. manage the work of the Arbitration Board;
  2. represent the Arbitration Board;
  3. prepare and submit for approval to the President of the Authority the organisational and operating regulations of the Arbitration Board;
  4. verify that procedural time limits are observed;
  5. 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 a judicial review the decision of the court are published without delay following the submission of the application initiating the proceedings of the Arbitration Board;
  6. 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 ACS 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[1].

5. As regards the requirement for professional certificate provided for in paragraph 4, the time limits laid down in the ACS shall be applied as appropriate.

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:

  1. members of Parliament, members of local government, spokespersons of nationalities, mayors and chamber officers;
  2. persons holding an interest beyond twenty-five percent, and/or HUF twenty-five million in a business enterprise.

8. Public procurement commissioners shall be classified in accordance with the promotion rules stipulated in the ACS with the derogation that they shall be entitled to salary due under the classification two levels higher than their own classification.

9. Public procurement commissioners classified as chief counsellor shall be entitled to head of department salary, and public procurement commissioners classified as senior chief counsellor shall be entitled to deputy assistant under-secretary salary.

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

11. In the event that the public procurement commissioner‘s mandate terminates, he shall be re-classified in accordance with the rules of the ACS.

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.


[1] This amendment entered into force on 1 July 2016.