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The compliance control of the application of negotiated procedures without prior publication is an activity of the Public Procurement Authority, where the Authority has a key role in influencing legal practice, furthermore, its option to initiate a review procedure has a considerable impact on drawing the borderline of the application of this procedure type. The number and ratio of negotiated procedures without prior publication has been lowering for years among the procedures launched by contracting authorities, likewise the transparency of Hungarian public procurements has markedly improved, which beside the legislation is also attributable to the fact that the Public Procurement Authority focuses in particular on ensuring the publicity of procedure documents and the decisions made as a result of the control. As the possibility offered by negotiated procedures without prior publication is indispensable for the satisfaction of certain procurement needs, consequently, in addition to strict compliance control, the establishment of a consistent legal practice is also necessary to implement this procedure type in the spirit in which it was conceived. The overview of past years’ legislative and practical tendencies in terms of negotiated procedures without prior publication presented by this article endeavours to analyse the background of decreasing statistical data and also to describe how the Public Procurement Authority ensures transparency during compliance control and how it supports practitioners in applying this procedure type in compliance with the provisions of the Public Procurement Act. I. The basis of negotiated procedure without prior publication in the directives In order to better understand the function, concept, history of this procedure type in the public procurement rules, furthermore, the role of the Public Procurement Authority concerning this procedure type, it is essential to provide a brief overview of EU public procurement law, especially the basis in the directives and the related case-law of the Court of Justice of the European Union. In Article 9 of Directive 71/305/EEC concerning the coordination of procedures for the award of public works 1 Council Directive of 26 July 1971 concerning the co-ordination of procedures for the award of public works contracts (71/305/EEC) Article 9: Authorities awarding contracts may award their works contracts (in certain cases laid down in the Directive) without applying the provisions of this Directive, except those of Article 10. 2 Article 9 B) „When, for technical or artistic reasons or for reasons connected with the protection of exclusive rights the works may only be carried out by a particular contractor.” D) “in so far as is strictly necessary when, for reasons of extreme urgency brought by events unforeseen by the authorities awarding contracts, the time-limit laid down in other procedures cannot be kept”. contracts (hereinafter: Directive 71/305), which entered into force on 30 July 1971, the European Economic Community laid down the circumstances under which the contracting authorities of the Member States may award contracts without applying the directive1. The Court of Justice of the European Union (hereinafter: CJEU) stated in the case Commission v Italian Republic (C-199/85) concerning the applicability of Article 9 (b) and (d)2 of the Directive that the provisions concerned

The Compliance Control of Negotiated Procedures without Prior Publication in Practice : The Background of Decreasing Statistical Data