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An analysis of the decision making of the Office for the protection of competition
Šipkovská, Silvie ; Ochrana, František (advisor) ; Stehlík, Petr (referee)
The thesis deals with the nature of the decision-making of the Office for the Protection of Competition (hereinafter "the OPP") in the area of public procurement. The theoretical part describes the various methods used, the legislative framework for the decision-making processes of the OPP (from the point of view of the currently effective legislation and the new Act on public procurement), and summarizes theoretical assumptions. In the analytical part, selected decisions of the OPP from the years 2005-2015 are analysed, using descriptive and interferential statistical methods. In terms of the subject matter, the OPP most often conducts proceedings in relation to complaints against alleged violation of the prohibition of discriminatory practices. Decisions of the OPP are challenged before administrative courts in only 4% of cases, in spite of the fact that contracting authorities are found guilty of committing an administrative offense in almost 80% of the cases. Commonly imposed penalties are fines. The trend of decisions on guilt, as well as the imposition of fines, is growing, however, the level of fines remains unchanged. A contracting authority which awards a public works contract is more likely to be found guilty than a contracting authority awarding other public contracts. It is also more...
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Proceedings for administrative delicts of legal entities
Hyldebrant, Pavel ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
A heated debate was going on during the past few years among Czech lawyers concerning punishment of legal entities. It culminated as the law on criminal liability of legal entities and proceedings against them was passed. However, this has not solved all the problems of legal regulation of delicts committed by legal entities. The question of reform of administrative punishment remains relevant, although not urgent. The current legislation suffers certain defects, in particular its incompleteness, which has to be addressed in legal practice by using laws whose primary field of application lies elsewhere; those laws do not address all peculiarities of administrative punishment of legal entities. While the main discussion is centered on substantive law, proceedings for administrative delicts of legal entities deserve attention as well. My thesis is divided into four parts. The first part briefly outlines the historical development of the proceedings for administrative delicts of legal entities. The second part provides a brief overview of the current state of legislation, focusing on the sources of law. The third part deals with general principles of law relevant for proceedings for administrative delicts of legal entities, especially the right to a fair trial, as described in the Convention for the Protection...
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Remonstrance Proceedings
Adamec, Martin ; Prášková, Helena (advisor) ; Svoboda, Petr (referee)
- Remonstrance Proceedings The thesis is focused on the remonstrance and the following special administrative proceedings. The remosntrance represents an ordinary appeal, which can be used to challenge the first instance decision that has not already become enforceable and has been issued by the central administrative office, by the minister or by the director of other central administrative office eventually by the state secretary. Whereas there is no existence of the superior administrative authoritites in the organizational structure of the state administration, the same body that issued challenged decision decides on it. It is obvious, that appeal procedure contains a lot of variances and peculiarities, which the thesis points out, compared to the appeal procedure. The remostrance is limited to one paragraph and its five sections by the valid and effective legislation of the Administrative Code. The more this relatively brief provision often remains unkonwn to the general public, the more attention it attracts among the experts. The thesis aims to give a comprehensive explanation of the remonstrance and its proceedings and subsequent evaluation of the effectiveness of the applicable legislation and to suggest own creative solution of the examined subject. Further, this thesis aims to answer the...
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Proceedings for administrative delicts of legal entities
Totzauer, Aleš ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
This thesis is focused on the proceedings on the administrative offenses of artificial persons in the first instance, particularly on the peculiarities resulting from the nature of the proceedings, the subject of which is a criminal charge in the meaning of Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and the accused person that is a fictitious artificial person. The thesis is divided into eight chapters. The first chapter deals with differences between the administrative and the court offenses, their classification and subsuming under the term "criminal charge" pursuant to Art. 6 of the Convention as interpreted by the European Court of Human Rights and national courts. In the second chapter, author provides insight into the principles of administrative law and administrative proceedings which are in each case interpreted in the light of the proceedings on administrative offence of the artificial person; attention is also paid to appropriate and necessary modifications of the principles. At the end of this chapter, the principles primarily applied with regard to criminal procedural law are analyzed. These principles must be applied per analogiam within the proceedings on administrative offence due to their absence in the Administrative Code. In the third...
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Proceedings for administrative delicts of legal entities
Hyldebrant, Pavel ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
A heated debate was going on during the past few years among Czech lawyers concerning punishment of legal entities. It culminated as the law on criminal liability of legal entities and proceedings against them was passed. However, this has not solved all the problems of legal regulation of delicts committed by legal entities. The question of reform of administrative punishment remains relevant. The current legislation suffers numerous defects, in particular its incompleteness, which has to be addressed in legal practice by using laws whose primary field of application lies elsewhere; those laws do not address all the peculiarities of administrative punishment of legal entities. While the main discussion is centered on substantive law, proceedings for administrative delicts of legal entities deserve attention as well. My thesis is divided into four parts. The first part briefly outlines the historical development of the proceedings for administrative delicts of legal entities. The second part provides a brief overview of the current state of egislation, focusing on the sources of lw. The third part deals with general principles of law relevant for proceedings for administrative delicts of legal entities, especially the right to a fair trial, as described in the Convention for the Protection of Human Rights...
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The procedures of public administration in the area of state aid
Koutná, Martina ; Kopecký, Martin (advisor) ; Pomahač, Richard (referee)
Thesis on the topic: The procedures of public administration in the area of state aid Author: Martina Koutná The main aim of this thesis on the topic "The procedures of public administration in the area of state aid" is to analyze the issue of investment incentives in the Czech Republic from the perspective of the state aid rules and the reasons for this regulation. The main attention is paid to the system of investment incentives based on Act on Investment Incentives in the context of the general problems of state aid. The work focuses on the application of the Administrative Code on the investment incentives and analyzes the process of public administration in providing subsidies on the basis of budget rules. The aim is to analyze the diametrically different approaches and to point out key differences. In particular, that the Administrative Code is applicable to the process of providing investment incentives and the process is subject to judicial review. While in the case of subsidies, on the basis of budget rules, neither administrative procedure nor judicial review is possible. In connection with the provision of subsidies " anti-corruption amendment" to the budget rules is critically assessed and the author refers attention to its unconstitutionality. Among other things, the thesis points out...
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Deadlines under the Administrative and Tax Code
LANGROVÁ, Veronika
Annotation The diploma thesis deals with the description and analysis of tax and administrative management in terms of deadlines. The aim of the thesis is to find a practical basis when applying an inconsistent setting of deadlines in the tax and administrative procedures. It was important to determine whether the concept of deadlines in the legislation is different, how the concept of time is regulated in the legislation and how this issue can actually affect us. The analysis of individual management was based on actual data. I was provided the data related to the tax procedure by a particular tax subject. The data related to the administrative procedure were requested from a specific administrative authority. The practical part of the thesis deals with a detailed analysis of individual management in terms of deadlines. The tax procedure was about determining the preclusion of the deadline for a tax assessment and the identification of the factors which had an impact on the course of this period. In the case of administrative proceeding, the time limits which are necessary for discussion of the minor offense and the administrative offense were analyzed. The thesis contains tables with data for better clarity within individual management.
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Proceedings for administrative transgressions against the safety and smooth highway traffic (with a special regard to acts carried out before trial and the first-instance proceedings)
Neuvirt, Tomáš ; Prášková, Helena (advisor) ; Vopálka, Vladimír (referee)
The topic of this thesis is "Proceedings for administrative transgressions against the safety and smooth highway traffic". Although there is no such special type of proceedings, it is an issue which deserves an attention. Every one of us is a part of highway traffic every day. Therefore it is important not only to know the rules by of it but also the rules and principles of the proceedings in which are transgressions against safety and smooth highway traffic heard. The aim of this thesis is to provide the complex summary of the proceedings for administrative transgressions against the safety and smooth highway traffic and to give notice of its unusualness from the basic proceedings for administrative transgressions. This thesis also points out the inaccuracies, wrongness and ambiguities of the proceedings' rules and also reflects and comments the latest amendments to relevant acts. The thesis is divided into nine chapters, from which the first and the last ones are introduction and conclusion. The second chapter clarifies the term administrative transgressions. The third chapter briefly describes the administrative transgressions against the safety and smooth of highway traffic and the interests safeguarded by them. The fourth chapter gives the overall summary of the administrative proceedings. The...
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The position and activities of the Czech Trade Inspectorate
Vojtek, František ; Staša, Josef (advisor) ; Millerová, Ivana (referee)
Thesis deals with the position and proceedings of the Czech Trade Inspection (CTI). The introductory chapter discusses the theoretical and general bases associated with the role and activities of the CTI in public administration as a public authority, forms of administrative activities and administrative supervision. Afterwards, the work describes the history of consumer's protection legislation and freely moves in a special section dealing with on the above mentioned theoretical aspects in a practical context. First, it discusses the status of the CTI in public administration and organizational structure including the structure of the particular inspectorates and then powers and authority under applicable law. The following section is devoted to an inspection process systematically as the main activity of the CTI, including the description of the rights and duties of inspectors in its exercise. During the inspection inspectors determine the facts that are recorded in the inspection report, which serves as the main basis for eventual administrative proceedings. This section presents a number of my practical experiences, but also the decisions of administrative courts, which may provide some guidance on how to proceed when revising in ambiguous cases. Furthermore, specific remedies, including...
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Remedies in administrative proceedings
SOCHOROVÁ, Viera
Topics of my thesis are remedial measures in administrative procedure Appeals in administrative proceedings are only a small part of the whole system guarantees legality in public administration, which aim to remedy the defective administrative decisions. Remedies in administrative management adjusts the public administration. It presents the file of the law rules which point to public administration and adjust its organization and activity. The general part, or general administrative law explains such corrections, principles and concepts for the whole public administration. Administrative management's law modified procedure administrative authority, parties and other persons involved in the management of the issue, reviewing and enforcing individual administrative act. Municipalities are one of the entities ensuring the enforcement of decisions. They are basic territorial self-governing communities of citizens; they form territorial units which is defined by municipality borders. They are public corporations that own some property, act in legal relations in their own names and bear their own responsibilities. The aim of the thesis is to describe in details and define the valid law legislation of the administrative set of rules with the specialization for the remedies of administrative proceeding, including the possibility to use the judicial review. There is used the rule analysis in this bachelor thesis, professional documents and literature, especially the law texts. Legal norms shed interpreted directly from their texts. For processing work will determine primarily the Administrative Code and other legislation. The benefit is the use of extraordinary remedies in practice for administrative error. Furthermore, results can be Labour used as informative material to assess the possibility of how to use remedies in administrative proceedings, as They focus on and what to forget.
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