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Secondary objectives in public procurement
Bém, Matouš ; Horáček, Tomáš (advisor) ; Rozehnal, Aleš (referee)
The thesis provides a comprehensive analysis of the horizontal policies in public procurement with the aim to determine whether public procurement may be used as a legitimate tool in the pursuit of such policies. Horizontal or secondary policies refer to the policies not inherently connected to the functional objective of public procurement - i.e. to the purchase of goods and services. These may among other strike at social or environmental issues. For this purpose, the descriptive and analytic methodics are used. The case-law of CJEU was the primary source of the thesis along with the relevant literature and both EU and Czech legislation. The thesis is structured into two chapters. The first chapter provides essential introduction to the legislation in place in respect of the horizontal policies in public procurement. The second part of the chapter then analyses relevant case-law of CJEU. Particular attention is paid to the case law in respect of public procurement used as a tool to pursue employment policies. The second chapter named taxonomy of horizontal policies elaborates on the relationship between economic and legal aspect of the public procurement in general. It quickly comes to the conclusion, that the contracting authorities must deal with both the legal and economic aspects of public...

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