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The procurement documents and evaluation of the tenders in the excessive level from the perspective of the new law on public procurement
Palla, Kristina ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
English abstract The procurement documents and evaluation of the tenders in the excessive level from the perspective of the new law on public procurement In this thesis I tried to deal with the current legislation of public procurement in the excessive level with focus on procurement documents and evaluation of tenders. The new Act on Public Procurement became effective in October 1, 2016. As a result of such a short period of its effectiveness its subject matter has not been comprehensively elaborated yet and vice versa it provides a very wide scope for discussions and expert opinions. The aim of my thesis was mainly to summarize the legislation of procurement documents and evaluation of tenders and to assess the impact of the new legislation in practice, both from the position of the contracting authority and the supplier, including the applicability of the existing case law on relevant legal issues. For purposes of my thesis I used the available sources and literature. Also I prepared anonymous questionnaires which were sent to the attention of contracting authorities, suppliers or administrators of public contracts (especially lawyers dealing with public procurement), to receive their reactions to specific questions. I really appreciate this source of information because via these questionnaires I...
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Members of Individual Types of Business Companies
Radoměřská, Jana ; Horáček, Tomáš (advisor) ; Černá, Stanislava (referee)
The presented thesis with the title "Members of Individual Types of Business Companies" deals with the analysis of the legal status of companies' partners. The primary aim of the thesis is to identify and describe in detail the most fundamental aspects that define and influence the participation of members in particular forms of business companies, and, in the final consequence, the very nature of these entities. The main subject of this thesis is a member's relationship, which represents a binding line between a business company and partners as individuals. Through the examination of particular elements of this legal relationship including specific ways leading to its creation or termination within each type of the business company the differences in the legal status of subjects of these entities are determined. The issue of partners' legal status regulation is analysed from the perspective de lege lata, while in suitable cases the positive law is compared with the preceding legislation. The goal of such a comparison is to declare the evolution in the normative solution to a particular question. The thesis also deals with some parts of company laws which are problematic in terms of interpretation. Using the interpretative rules, I am assuming a viewpoint of my own in order to overcome the...
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A governing body acting beyond its powers
Koráb, Jan ; Horáček, Tomáš (advisor) ; Eichlerová, Kateřina (referee)
Name: A governing body acting beyond its powers Recodification of civil law has changed the way in which business corporations have been acting. Governing body members are currently representing trade corporation as its representatives. This shift, which is that governing body members became the representatives of business corporations opened the possibility of discussion about the nature of authorization of governing body to act on behalf of the trade corporation and about the possibility of acting beyond its powers. My thesis was called "A governing body acting beyond its powers". I used as a base for this work the wide authorization that governing body possesses in acting on behalf of the trade corporation and its possible limitations by law. Besides governing body acting beyond its powers I focused in this work on two other types of acts that although they are done within its competence, aren't done in accordance with the law and the partnership agreement. Work has been divided into three main chapters. In the chapter about governing body acting beyond its powers I examined the possibility of governing body to act beyond its powers in relation to limitation of authorization that governing body possesses in acting on behalf of the trade corporation and the applicable law. Another chapter was...
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Protection of economic competition - agreements intervening in competition
Mráček, Michael ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
The objective of this thesis is to evaluate and describe Czech legislation regarding agreements intervening in the economic competition, namely with the focus on their actual form, specifics, characteristics and basic essentials, and to evaluate their correctness and business impacts, taking into account legislation and case law of the European Union. The purpose of the research is primarily to outline the basic elements of forms of prohibited agreements, highlight deficiencies of legislation related to them, and to argue findings arising from the literature and case law. The thesis is based on both Czech and European literature and judicature. The thesis is divided into six chapters which are complemented by the Introduction and the Conclusion. The First Chapter compares legislation of the Czech Republic and the European Union, while the attention is devoted in particular to the influence of European legislation and judicature on the development of Czech law and decision-making practice. It also focuses on certain differences and possibilities of their removal and overcoming. The Second Chapter forms the core of the thesis and also describes the core law governing the cartels when it closely examines every single part of the state of facts of prohibited agreements. This part provides a...
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Public contracts between persons within public sector (In-house procurement in judgments of the European Court of Justice)
Uruba, David ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
The aim of this study is to provide a comprehensive analysis of the applicability of the exceptions of vertical (in-house) and horizontal cooperation among contracting authorities within the framework of public procurement law. For this purpose is in the thesis used descriptively analytic approach, which included the valid legislation of public procurement Czech Republic, as well as the relevant directives of European Union, although the focus of the thesis was based on the jurisprudence of the Court of Justice of the European Union. The thesis is structured into five chapters. The first chapter discusses the legislative framework of the European Union and the Czech Republic. The second chapter focuses on the basic principles of public procurement law. The third chapter deals with basic concepts and terminology of public procurement law.. The fourth chapter is divided into two major parts. The first part focuses on various factors related to the use of the exemption of vertical cooperation between contracting authorities (participation of private capital in the person of the supplier and contracting authority; the fulfillment of the control criterion and activity criterion; various forms of this exception). The second part is concentrated on the use of exception of horizontal cooperation between contracting...
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Duties of so-called quoted joint stock companies
Novotný, Marek ; Černá, Stanislava (advisor) ; Horáček, Tomáš (referee)
Duties of so-called quoted joint stock companies Thesis author: Mgr. Marek Novotný Thesis supervisor: prof. JUDr. Stanislava Černá, CSc. This thesis is concerned with the regulation of duties of quoted joint stock companies (especially the duty of information) and its various institutes. The purpose of this thesis is to describe the legislation in this area of law and its development, with emphasis on the transposition of European legislation, and subject them to critical evaluation. In the first chapter the theoretical framework is defined by describing key legal concepts (the term "quoted joint stock company", "regulated markets") and the development of the most important legal regulation in this area - Act No. 256/2004 Coll., on Business Activities on the Capital Market. The second chapter is devoted to regulated markets and subject information duty. The third chapter deals with the admission of a security to trading on a regulated market and associated initial information duty of joint stock company, which is willing to become quoted. I describe mainly the prospectus and its essential elements. In the fourth chapter I analyze in detail the different types of regular (periodic) information duties, which are the annual report, semi-annual report and interim report. The following fifth chapter is...
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Concluding a contract resulting from public tender
Průchová, Zuzana ; Horáček, Tomáš (advisor) ; Eichlerová, Kateřina (referee)
The purpose of writing this thesis is to analyse the most important aspects of concluding a contract resulting from public tender. The thesis is composed of three main chapters. The first chapter deals with the definitions of basic terminology in the field of public tender, the purpose of the public procurement procedure and legislation related to the concluding a contract resulting from public tender. The second chapter concerns with the most important and the most interesting aspects of the final phase of public procurement procedure. I point out that the bidder is bound by its offer and that he has the obligation to cooperate when entering into the contract within specified period of time. In this part of the thesis I also describe the procedure of concluding small-scale public contracts and the procedure of concluding a contract resulting from public tender based on framework agreement. I also examine the publication of contracts in relation to the proposal of Register of Contracts Act. The third and final chapter is focused on the possibility of changing the contract resulting from public tender. In this context, I mention the case law of the Court of Justice of the European Union, especially key decision Pressetext. On the basis of this decision new provision related to the prohibition of...
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Abuse of dominance with respect to pricing practices
Ryneš, Oto ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
- english This thesis is dedicated to the abuse of dominant position with respect to the pricing practices. Initially, it analyses the relevant legal framework of the abuse of dominant position as the legal phenomenon. Then, it draws attention to the field of individual anti-competition pricing practices, including the developing field of margin squeeze abuses. Major contribution rests with the analysis of the award of damages in particular cases in the Czech Republic. This work also includes an in-depth philosophical examination of selected competition law issues.
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Unfair competition (the concept of legal regulation, selected causes)
Nývltová, Petra ; Horáček, Vít (referee) ; Horáček, Tomáš (referee)
Resumé Unfair Competition (Conception of Legal Regulation, Selected Facts in Issue) Cybersquatting - a term that is often used but less often defined. The purpose of this Thesis is to deal with this phenomenon, to try to define it and mainly to assess applicability of the legal regulation of unfair competition not only to this phenomenon but also to other unfair practices in the field of information technologies connected in some way with domain names. The Thesis has been divided into two basic parts: The first part deals with the conception of the legal regulation of unfair competition in the Czech Republic. Here, the signs of the general clause contained in Section 44(1) of the Commercial Code are discussed in detail and the doctrine of competitive relations that is mostly applied in practice is critically evaluated. The first part of this Thesis also includes a proposal for a solution to overcoming the limits of this doctrine in the form of a two-stage test of practices in commercial intercourse whose part is the proposed conception of the economic conflict of interest which allows the persons involved to take legal actions against those competitors who use unfair practices despite their company's objects being quite different. In this part, the reader can even find some de lege ferenda considerations...
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Awarding of public contracts in the decisions of the Office for the Protection of Competition and the Court of Justice of the EU
Šafránek, Ondřej ; Horáček, Tomáš (advisor) ; Horáček, Vít (referee)
75 ABSTRACT The goal of my diploma thesis is to complexly analyze the institute of estimated value of a public procurement and issues related to it, while reflecting relevant decisions of the authorities competent to reviewing a public procurement, that is the Court of Justice of the European Union (the European Court of Justice), the Supreme Administrative Court, the Regional Court in Brno and the Office for the Protection of Competition. The relevant case-law is mentioned in the whole text in accordance with scheme of thesis as it is described below. Doctrinal interpretations are also taken into account. Among the most common mistakes made by contracting authorities, who are required to act in accordance with Act no. 137/2006 Coll., is wrongly determined estimated value of a public procurement. In this context it is necessary to point out that the determination is very important especially for the right categorization of contracts according to their values, which affects how strict conditions would apply for the specific contract. The work is conceived as a summary of the decision-making practice. This kind of conception was chosen primarily because of the fact that the Czech Republic (and other obliged countries) are required to implement the new procurement directives of the European Union (until April...
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