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The impact of changes in public procurements law on the behaviour of actors
Procházka, Jan ; Ochrana, František (advisor) ; Zápotocká, Veronika (referee)
The goal of this thesis is to contribute to our understanding of the legislative framework governing public procurement in the Czech Republic. Using data from interviews, applying Game Theory and the Principal-A|gent model, and using the Goal Tree tool I show that individual actors behave rationally. Before submitting a tender they evaluate not only expected profits, but also possible corruption, threat of penalties. I also identify several practices used by actors in order to to manipulate public procurement. After evaluating actors' behaviour, developments inf public procurement legislation and of possible penalties, and drawing on extensive literature search I draw up recommendations for public policy. These t would help improve public procurement in the country, their efficiency, effectiveness and economy, without violating key public procurement principles (non-discrimination, equal treatment, transparency and proportionality). If adopted they would contribute to reducing the level of corruption in the Czech Republic.
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Corruption
Chadimová, Tereza ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
Title Corruption. English Abstract The rigorous work deals with the evaluation of the level of criminal substantive law and criminal procedural law with the greatest emphasis on the national level. The primary goal of this work is to find out how it is currently possible to face the corruption and whether the Czech legislation provides useful tools to help fight against the corruption. As the necessary prerequisite for the fight against the corruption is the prevention of the corruption, the detection of corruption practices and the need to punish enough the corruption, this rigorous work divides instruments of the fight against the corruption into three groups, first group is preventive instruments, second group is instruments of detection and third group is instruments of sanctions. The rigorous work deals with all of these groups of instruments when attention is paid both in general and also specifically on Czech criminal law. In order to assess the effectiveness of all instruments, the first criterion is a sufficient scale, which means whether the Czech legislation can punish all types of corruption, the second criterion is the ability to search for, secure and make available sufficient evidence, and the third criterion is the stringency of punishments. The introductory part deals with the definition of...
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State capture as market distortion: Effect of political connections in the Czech Republic
Špolc, Martin ; Vacek, Pavel (advisor) ; Kameníček, Jiří (referee)
Politically connected firms may extract rent which significantly improves their financial performance, but with social costs to others in form of market distortions. The thesis presents the first empirical analysis of personal political connections to government ministers in the Czech Republic. We estimated value of political connections and inspected subsidies and public procurements allocation as channels of rent extraction on firm-level data set of 1993-2015 period. For both approaches, cross-section regressions and dynamic matching on covariates and propensity score, we found that connected firms significantly underperform their similar rivals, but slightly improve their performance over the time of connection to minister in office. Connected firms gain significantly more subsidies which confirms subsidy allocation as a channel of rent extraction. We interpret our results that firms may seek political connections as the last option how to improve their bad financial results and remain on the market. Biased subsidy allocation to connected firms in sectors where firms are dependent on subsidies like agriculture creates market distortions and could lead to significant consumer harm.
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Conflict of interest in management of business corporations
Procházka, Jakub ; Josková, Lucie (advisor) ; Eichlerová, Kateřina (referee)
The thesis is focused on the conflict of interest issue with relation to the management of business corporations, adjusted especially in the Business Corporations Act. The conflict of interest has been codified in a more detailed way after the recodification of the private law and this new codification brought up questions concerning practical application. The aim of the thesis is an analysis of the effective conflict of interest rules, providing proposals on how to solve some uncertainties which may appear and showing opinions of experts. The aim is also to show concrete examples of non-legislative adjustment in the conflict of interest area, especially through the corporate governance codices. The first chapter contains general information on conflict of interest, because the private law is not the only branch of law, where it can be found. In Czech public law, for example, is effective Conflict of Interest Act. Unfortunately, due to limited extent of the thesis it is not possible to analyse even the whole conflict of interest topic in private law, therefore the scope of the thesis is restrained on the general issues contained in the Sec. 54 and following of Business Corporations Act. The second chapter provides a short preview of the basic principles, which must be obeyed by the members of the...
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Blending of political and media power: The case of Radek John and his programme Bez cenzury
Štrup, David ; Hájek, Roman (advisor) ; Moravec, Václav (referee)
This thesis considers the role of former politician and journalist Radek John in an investigative programme Bez cenzury on TV Barrandov. Even though John was a politician and leader of Czech political party Věci veřejné, he decided to return to journalism. He did so with no intention of resigning his chair in the Chamber of Deputies, part of the Parliament of the Czech Republic. With this in mind, this could be considered as a specific representation of political parallelism. This study describes specific cases where Radek John might have acted contrary to normative journalistic values and journalism ethics. Furthermore, the thesis analyses the possibility that Radek John's own political interests and opinions affected the television programme itself. The research is conducted using the method of a case study which combines qualitative and quantitative content analysis, qualitative interviews and other research methods. Consequently, the analysis found signs of biased reporting in the programme's introduction and some stories, which reflected Radek John's antipathy towards traditional political parties and their leaders. However, the research did not reveal any direct support of Věci veřejné or their representatives. Furthermore, the thesis also presents media, academic and political responses to...
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Selected matters covered by statutory provisions on shareholders protection as set out in the commercial code
Pokorná, Veronika ; Štenglová, Ivanka (advisor) ; Dvořák, Tomáš (referee) ; Macek, Jiří (referee)
This dissertation looks at selected matters covered by the statutory provisions on the shareholders protection as set out in the Commercial Code. It focuses mainly on the matters contained in Section 196a of the Commercial Code, Section 193 (2) of the Commercial Code, and on the issue of financial assistance. In addition, this dissertation deals with the legal protection of shareholders under the Business Corporations Act which is to take effect on 1 January 2014, and provides a brief outline of how these matters are regulated under certain foreign laws. As well, it provides a comparison with the legal regulations of the European Union. This dissertation is comprised of three sections, each having several parts. The parts are further divided into articles. Section 1 analyses the statutory provisions on the protection of shareholders as given in the Commercial Code, and is divided into four parts. The introduction, given in Part I, focuses on the protection of shareholders under the Commercial Code in the general sense. The remaining three parts concentrate on the above said selected statutory provisions. In each of those three parts, I attempt to discuss the key purpose of the provisions, describe how they developed including respective amendment (novelizations) of the Commercial Code and, in this context,...
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An impact of incapacitation of a limited company upon legal theory and practice
Kříž, Josef ; Čech, Petr (advisor) ; Pelikán, Robert (referee)
OF DIPLOMA THESIS An impact of incapacitation of a limited company upon legal theory and practice Author: Josef Kříž Supervisor: JUDr. Petr Čech, LL.M, Ph.D. Department: Department of Commercial Law The main purpose of my thesis was to analyse the significant change in the concept of limited company, i.e. old-new concept of the members of statutory body as agents of the company. However, I conceived a thesis more generally as analysis of the question of whether the New Civil Code and the Business Corporations Act incapacitated limited company or not. The thesis is divided into five main chapters, including an introduction and a conclusion. In the second chapter I try to reconstruct legal thinking of First Czechoslovak Republic on this issue, because its reference by the New Civil Code. Although views on the status of a statutory body of legal persons and the legal capacity of a legal person were different, I came to the conclusion that there was more or less consensus that members of statutory body are agents of legal persons. Regarding the legal capacity of a legal person, then it can be concluded that the doctrine of the First Czechoslovak Republic concluded either that the legal person is a person incompetent, or that the legal capacity is not by definition characteristic of legal person. In the...
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Legal guarantees ensuring independent exercise of the parliamentary mandate
Částková, Eva ; Reschová, Jana (advisor) ; Jičínský, Zdeněk (referee) ; Gronský, Ján (referee)
This PhD. thesis is dedicated to the legal regulation of instruments presenting guarantees of the independence of the member of parliament during the performance of his/her functions. The aim of this thesis is in particular to present a comprehensive picture of the topic concerning protection of independent performance of the parliamentary mandate, evaluate the Czech legal regulation in force and, last but not the least, to find an answer to the question to what extent is the Czech legal regulation in force complete and effective as well as present possible alternatives de lege ferenda. Member of parliament must be independent with regard to all aspects of the exercise of his/her mandate. Independency of the member of parliament is necessary precondition for his/her ability to exercise the mandate in such a way, which will enable him/her to face external pressures, not only from the state bodies, but also from other subjects or phenomenons. Instruments protecting independent performance of the mandate also support the possibility of members of parliament to fulfil their role freely and as a result to constitute working parliament. Presented PhD. thesis deals with the topic of parliamentary immunity, particular focus is put on the part presenting protection of freedom of voting and freedom of...
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