(1) The public procurement tribunals shall exercise their functions independently and under their own responsibility within the limits of the law.
(2) The public procurement tribunals shall take their decisions through a chairperson and two associate members of which one shall serve in an honorary capacity (honorary associate member). The chairperson and the regular associate member must be civil servants appointed for life with the qualification to serve in the senior civil service, or comparable expert employees. Either the chairperson or the regular associate member must be qualified to serve as a judge; this should generally be the chairperson. The associate members should have in-depth knowledge of public procurement, the honorary associate members should additionally have several years of practical experience in the field of public procurement. Where the awarding of contracts relevant under defence or security aspects within the meaning of Section 104 is reviewed, the public procurement tribunals may, in deviation from sentence 1, also take their decisions through a chairperson and two regular associate members.
(3) The tribunal may assign the case to the chairperson or to the regular associate member without a hearing by unappealable decision, for him/her to decide alone. Such an assignment shall be possible only if the case involves no major factual or legal difficulties, and the decision will not be of fundamental importance.
(4) The members of the tribunal shall be appointed for a term of office of five years. They take their decisions independently and are bound only by the law.