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Reviewing of the administrative acts under the Act on the service relationship of members of the security corps
Paulík, Petr ; Vedral, Josef (advisor) ; Staša, Josef (referee)
Reviewing of the administrative acts under the Act on the service relationship of members of the security corps Abstract The subject of this thesis is an analysis of the provisions of Sections 190 to 194 and 196 of the Act No. 361/2003 Coll., on the service relationship of members of the security corps (referred to as the "Service Act"), as well as comprehensive view of the proceedings on appeals and supervisory remedies conducted under this Act, highlighting problematic aspects and interpretative ambiguities in the application practice, their critical evaluation and proposing possible solutions in the form of proposals de lege ferenda. The first part of the thesis deals with the service relationship of members of security corps in general, summarizes the historical development of the legislation concerned and offers a brief look at the service relationship of members of security forces in neighbouring countries Slovakia and Germany. The second part defines the subject matter of the service relationship proceedings conducted under the Service Act and introduces partial aspects of the proceedings in the form of the definition of a service officer, the specifics of service and the formalities of the decision in the proceedings conducted under the Service Act, and also states the Code of Administrative...
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Protection Against Incorrect Conduct of a Contracting Authority in the Public Procurement Process
JANOUŠKOVÁ, Aneta
This diploma thesis deals with the protection of the supplier and the company in general in the process of awarding public contracts by the contracting authority. The aim of the work is to analyze the possibilities of means of protection that can be used against procedure of contracting authority this way. The work is divided into two parts, theoretical, which contains the definition of public contract and the procedure for their award, a description of the basic principles of procurement act, analysis of individual means of protection of the contracting authority, overview of individual offenses and proposals de lege ferenda. The second part is a practical part, which analyzes specific examples of practice in, in order to approach and clarify some public contracts that were awarded in various types of procurement procedures. Whereas that this is protection against illegitimate procedures in public procurement, there are chosen that cases in which the inaccuracy confirmed and where there was an authoritative action by the Office for the Protection of Competition, or related bodies within justice the following examples are selected, for which incorrect confirmations were made and where there was authoritative action by the Office for the Protection of Competition, or related bodies within judiciary. The main element for the elaboration of the whole work became by the Act No. 134/2016 Coll., the Public Procurement Act, which was interpreted using selected case law, professional periodicals and commentary literature.
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Protection of a supplier against conduct of the contracting agency in public tenders
Blažková, Eva ; Plíva, Stanislav (advisor) ; Liška, Petr (referee)
Protection of a supplier against conduct of the contracting agency in public tenders The aim of this thesis is to analyze the legal instruments by which suppliers can defend against unlawful practises of contracting entity. The reason of choosing this theme is my deep interest in this sphere. Ever year, more than eight thousand tenders are announced in the Czech Republic. There are more than fifteen thousand contracting authorities. The public sector expends more than 600 billion Czech crowns on public procurement every year. The acting of subjects involved in the procurement proces is often unlawful. It is therefore necessary to set the legal framework of competition for public contracts so that it will be ensured prevention the unlawful procedures of subjects affecting the procurement process and ensure the most efficient spending of public funds. This thesis consists of four chapters. The first concerns the most important principles associated with public procurement. There are also examples of practical reflection of these principles to various statutory provisions. The second chapter is devoted to the juridical institut of objections to acts of the contracting authorities. Chapter three is focused on the public procurement supervision held by the Office for the Protection of Competition. The...
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Protection against improper conduct of a contracting authority in a public tender
Dostál, Ondřej ; Plíva, Stanislav (advisor) ; Štenglová, Ivanka (referee)
1 Abstract Protection against improper conduct of a contracting authority in a public tender The aim of this thesis is to analyze the system of protection against improper conduct of a contracting authority in a public tender in the Czech Republic. This is a hot topic since the public eye at present focuses on corruption in public administration and public procurement is often mentioned in this context. The work consists of four chapters. The first chapter discusses the basic principles of public procurement, and highlights their importance for protection against improper conduct of a contracting authority. The second chapter of the thesis deals with the sources of legislation of protection against improper conduct and defines the term review procedures as a generic term. The third chapter provides an introduction of the authorities providing protection against improper conduct of contracting authorities and their responsibilities in overseeing public procurement. The fourth chapter contains individual means of protection, which can be used by a supplier to correct errors of the contracting authority. These means of protection are objections against the conduct of the contracting authority, the administrative procedure before the Office for Protection of Competition and an action against the decision of the...
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Public remedies of defense in tender procedure focusing on review in administrative procedure
Ošlejšková, Michala ; Vedral, Josef (referee)
Title: Public remedies of defense in tender procedure focusing on review in administrative procedure Abstract: I have chosen the topic related to the public procurement law for my rigorous thesis. With regard to the fact that the issue is really extensive, I decided to focus just only on the specific area which is the control mechanisms of public procurements. Thus, the name of the thesis is derived from this issue and it is as follows: "Public remedies of defense in tender procedure focusing on review in administrative procedure". The main purpose of the thesis was a systematic analysis of public remedies of defense of suppliers against illegal procedure of contracting authorities in respect of the relevant practice of the Office for the Protection of competition and administrative courts and then the review of their effectiveness. The research question, which is derived from the main goal of the thesis, represents the introduction into the writing and it is defined as follows: "Are the remedies of defense of suppliers against the illegal procedure of contracting authorities sufficient and effective?" The first part of the thesis is dedicated to the sources of public procurement law and to the interpretation of some principles of public procurement review. The next, crucial part of the thesis is already...
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Protection against irregular practises of contracting authority
Ducháček, Tomáš ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
This thesis deals with the protection against irregular practises of the contracting authority in awarding public contracts. I analyzed part of the Government Procurement Act on Review Procedures, including some of the regulatory impacts. The introductory part of the thesis is followed by a chapter explaining the basic concepts of the issue. In the chapter three, I deal mainly with the institute of objections and blocking deadlines that prevent the contracting authority from entering into a contract. Next chapter is dedicated to the proceedings before the Office for the Protection of Competition, from the submission of the petition, through the deposit institution or the newly established obligation to pay the claim fee, the specific differences in the proceedings before the Office against the standard administrative procedure are highlighted, up to the possible ways and reasons of the termination of the administrative procedure. Appeals against the Office's decision, including possible appeals to the administrative court, are the subject of chapter five. In the end, I summarize the lessons learned, I respond to the questions asked in the introduction and I come up with considerations about legislation. Personally, I consider the analyzed legislation to be quite good. I consider the strengthen role...
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Cassation and appeal in the criminal procedure code
Boledovičová, Zdeňka ; Hořák, Jaromír (advisor) ; Herczeg, Jiří (referee)
- Cassation and appeal in the criminal procedure code The subject of my thesis is a cassation and appeal principle used during a criminal proceedings. Both principles control criminal proceedings within the meaning of determination of the appeal body jurisdiction, especially how to treat a first instance judgement that is opposed to a factual or legal flaws. Current legal regulation tends to apply the appeal principle with a restricted appeal elements and in compliance with the factual intentions of a legal code. This trend will continue in the future as this approach is implemented in the forthcoming legal code provisions. The thesis is divided into five chapters. The first chapter present the historical excursus of the Czech judicature evolution. It presents difference between civil and criminal law. The second chapter discuss a legal remedy system and is mainly focusing to define terms such as appeal, cassation and revision. The aim is to clarify the legal remedy principles and also to explain the purpose of reviewing procedure during a criminal proceedings with accent to a three main roles of the reviewing procedure: general, immediate and extended which all represent main criminal proceedings principles. The subject of the next chapter is focused on a relationship of the cassation and appeal...
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Protection of a supplier against conduct of the contracting agency in public tenders
Blažková, Eva ; Plíva, Stanislav (advisor) ; Liška, Petr (referee)
Protection of a supplier against conduct of the contracting agency in public tenders The aim of this thesis is to analyze the legal instruments by which suppliers can defend against unlawful practises of contracting entity. The reason of choosing this theme is my deep interest in this sphere. Ever year, more than eight thousand tenders are announced in the Czech Republic. There are more than fifteen thousand contracting authorities. The public sector expends more than 600 billion Czech crowns on public procurement every year. The acting of subjects involved in the procurement proces is often unlawful. It is therefore necessary to set the legal framework of competition for public contracts so that it will be ensured prevention the unlawful procedures of subjects affecting the procurement process and ensure the most efficient spending of public funds. This thesis consists of four chapters. The first concerns the most important principles associated with public procurement. There are also examples of practical reflection of these principles to various statutory provisions. The second chapter is devoted to the juridical institut of objections to acts of the contracting authorities. Chapter three is focused on the public procurement supervision held by the Office for the Protection of Competition. The...
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Protection against improper conduct of a contracting authority in a public tender
Dostál, Ondřej ; Plíva, Stanislav (advisor) ; Štenglová, Ivanka (referee)
1 Abstract Protection against improper conduct of a contracting authority in a public tender The aim of this thesis is to analyze the system of protection against improper conduct of a contracting authority in a public tender in the Czech Republic. This is a hot topic since the public eye at present focuses on corruption in public administration and public procurement is often mentioned in this context. The work consists of four chapters. The first chapter discusses the basic principles of public procurement, and highlights their importance for protection against improper conduct of a contracting authority. The second chapter of the thesis deals with the sources of legislation of protection against improper conduct and defines the term review procedures as a generic term. The third chapter provides an introduction of the authorities providing protection against improper conduct of contracting authorities and their responsibilities in overseeing public procurement. The fourth chapter contains individual means of protection, which can be used by a supplier to correct errors of the contracting authority. These means of protection are objections against the conduct of the contracting authority, the administrative procedure before the Office for Protection of Competition and an action against the decision of the...
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