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Decision-making practice of the Court of Appeal and the Constitutio Criminalis Josephina (1687-1727)
Vacek, Josef ; Starý, Marek (advisor) ; Kindl, Vladimír (referee) ; Knoll, Vilém (referee)
ROZHODOVACÍ PRAXE APELAČNÍHO SOUDU A CONSTITUTIO CRIMINALIS JOSEPHINA (1687-1727) Disertační práce JUDr. Josef Vacek Keywords: court of appeal; legal history; 17th century; criminal law; decision-making practice; sources of law; early modern period Abstract This thesis deals with the change in the decision-making practice of the Prague Court of Appeal in criminal cases in connection with the new criminal code Constitutio Criminalis Josephina of 1707. The thesis first analyses the current state of research, followed by an analysis of the internal structure of the court, including the mechanisms of selection and recruitment of new councillors. Significant space is also devoted to the relevant legislation for the work of the Court of Appeal and for criminal law in general in the period from the late 16th century, when the Koldin's Municipal Code was published, to the early 18th century, when Josephina was published. The focus of the work is an analysis of the thousands of decisions handed down by the Court of Appeal in criminal cases, in three areas: offences against life, property crime and sexual offences. The basic source were the orthels bücher, books kept at the Court of Appeal, from which decisions (sentences) were recorded, especially in criminal cases - thousands of entries in Czech, German and...
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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
Zenker, Jakub ; Horáček, Tomáš (advisor) ; Eichlerová, Kateřina (referee)
Awarding of public contracts in the decisions of the Office for the Protection of Competition and the Court of Justice of the EU Abstract This diploma thesis, structured into an introduction, four main parts and a conclusion, deals with the issue of public procurement in the decision-making practice of the Office for the Protection of Competition and the Court of Justice of the European Union. Public procurement is a key factor affecting the management of public sector entities, with a significant impact on the state finances and citizens' quality of life. The current problem lies in frequent occurrences of corruption and lack of transparency in public procurement, leading to ineffective use of public funds. The aim of this thesis is to identify typical breaches by contracting authorities in the light of decision-making practices and to provide them with guidelines on how to set appropriate procurement conditions and avoid mistakes, thereby increasing the efficiency of procurement procedures and minimizing the risks of legal challenges to the procurement process. The secondary objective is to examine the evolution of legal opinions of the decision- making bodies regarding identified violations of the law by contracting authorities. The first part defines the basic legal terms related to public procurement....
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Qualifications prerequisites contained in Act No. 137/2006 Coll., on Public Contract, as amended (hereinafter the "Act"), from the perspective of the judicial-making practice
Lukovič, Radoslav ; Liška, Petr (advisor) ; Zahradníčková, Marie (referee)
This rigorous thesis deals with the fulfillment of qualification prerequisites from the perspective of Act No. 137/2006 Coll., on Public Contract, as amended (the "Act"). The aim was to analyze the various kinds of qualifications in terms of the practice of courts and the Office for Protection of Competition. The author also dealt with the legislative changes brought by Directive 2014/24/EU. Act distinguishes four basic types of qualification prerequisites. These are basic, professional and technical qualifications prerequisites and a solemn declaration of the economic and financial capacity to perform a public contract. The interpretation of the provisions of the Act serves the fundamental principles of the procurement procedure, i.e. the principle of equal treatment, non-discrimination and transparency. Based on the analysis of different types of qualifications prerequisites author proposes de lege ferenda following changes: extension of the basic principles of the procurement procedure on the principles of reasonableness and objectivity. I also suggest unifying regulation of administrative and criminal punishment publication of the issue of dishonest suppliers in the black list of persons banned to participate in the performance of public contracts. In clarification qualification there is a...
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