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Recognition and enforcement of decisions of Member States and forwarding decisions to other Member States
Přindiš, Petr ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Recognition and enforcement of decisions of Member States and forwarding decisions to other Member States ABSTRACT This thesis deals with international judicial cooperation in criminal matters, specifically the judicial cooperation of the Member States of the European Union. In the first chapter, it deals with the purpose and basis of legislation, historical development of European cooperation. It also describes the specific entities acting in the field of international judicial cooperation at European and national level, and also names the reasons why cooperation between Member States in criminal matters is necessary and sets out the European Parliament's intentions to further enhance the cooperation between Member States. The second chapter focuses on the mutual recognition and enforcement of decisions of another Member State imposing financial penalties, the legal basis of which is the Council Framework Decision 2005/214/JHA, which was implemented into the national law by Part Five, Chapter VI of Act No. 104. / 2013 Coll., On international judicial cooperation in criminal matters. Special attention is given to the grounds for non-recognition of decisions of other Member States; their further analysis points out individual application problems that lead or have led to non- recognition of such decisions in...
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Indirect discrimination against contractors in public tenders
Přindiš, Petr ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Indirect discrimination against contractors in public tenders ABSTRACT This thesis deals with the legal regulation of public procurement and focuses on the issues of indirect discrimination of contractors in public tenders and the fact that some economic operators cannot participate in procurement procedures due to unjust obstacles to competition laid down by the contracting authorities. One of the main principles of procurement, principle of non-discrimination is described in detail with a use of opinions of stated by the national courts, the Court of Justice of the European Union and in the decisions of the Office for the Protection of Competition in particular. The author of the thesis tries to describe the means of indirect discrimination that occurred in the past procurement procedures within the area of European Union. Discriminatory behavior of the contracting authorities is captured in a comprehensible way and the author shows practical examples to the reader. That all helps to illustrate why the contracting authority's specific behavior was not in compliance with the rules set out in public procurement. It is the analysis of the decision-making practice of the Office for the Protection of Competition, case-law of the national courts and the European Court of Justice that provides an insight into...
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