Is the Authorisation of the Conclusion of a Contract an Interim or a Permanent Measure?

Auer, Ádám (2021) Is the Authorisation of the Conclusion of a Contract an Interim or a Permanent Measure? EUROPEAN PROCUREMENT AND PUBLIC PRIVATE PARTNERSHIP LAW REVIEW, 16 (4). pp. 295-304. ISSN 2194-7376

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Abstract

The review phase of public procurement procedures provides the opportunity for taking interim measures. This study shall scrutinise one of these legal institutions. Authorisation of the conclusion of a contract may be requested during the remedy phase of a public procurement procedure before the Hungarian Public Procurement Arbitration Board (PPAB). Under which circumstances is it possible to make such a request? What are the reasonings, grounded on which the PPAB shall establish its decision? The topicality of this study is that the Hungarian Constitutional Court basically has not deemed this peculiar legal institution interim by nature. The legislator must provide for legal remedy in connection to the type of interim measure being scrutinised hereby.

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