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Public procurement in the decisionmaking practice of the Office of Public Procurement and the case law of the ECJ
Ptáček, Přemysl ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Public procurement in the decision-making practice of the Office of Public Procurement and the case law of the ECJ Abstract This thesis deals with the issue of public procurement and is focused primarily on the decision-making practice of the Office for the Protection of Economic Competition and the Court of Justice of the European Union. The thesis contains a critical analysis of several decisions, which were chosen, in particular for their possible impact on the practice of public procurement, as well as for their recency. The introductory part of the thesis is primarily theoretical. In the first chapter, the basic sources of law are described, while in the second chapter, definitions of the most important basic terms of the Act on Public Procurement are described. The third chapter describes the procedural options for defense against incorrect procedure of the contracting authority. The role of the Court of Justice of the European Union in these proceedings is also mentioned. The key part of the thesis is the fourth chapter, which contains a critical analysis of selected recent decisions (mostly from 2022 and 2023). In particular, the possible impact of the analyzed decisions on the practice of public procurement as well as proposals for a suitable de lege ferenda change in the legislation are described,...
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