Legal background of the cross-border public procurements (Legal Accessibility: Fourth milestone) (HU)

In 2019 in the framework of one of the sub-projects of the Legal accessibility project’s fourth milestone, with the involvement of expert dr. Anita Németh CESCI conducted the study, which focuses on the legal environment of public procurement of cross-border developments.

The aim of the study is to make clear one of the problems mentioned the most during the consultations with EGTCs, namely, the implementation of the public procurement procedures of cross-border projects. The study consists of four parts.

• In the first part, the public procurement framework of the European Union, Hungary and the neighbouring countries is concisely reviewed.
• The second part examines the (public) procurement rules regarding the implementation of cross-border projects (integrated projects).
• The third part contains proposals on legal harmonisation and legislation in order to clarify, simplify and improve the (public) procurement practice of the EGTCs along the border.
• The fourth part of the study has a dual nature: on the one hand, it aims to provide a sort of guidance in an understandable way for the EGTCs, paying special attention to the ‘cross-border’ environment; on the other hand, in the form of a problem map it aims to introduce the most important topics, where the current regulatory solutions are insufficient, create an unclear situation or even complicate cross-border cooperation.

Finally, the opportunities and directions of the follow-up are formulated.