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Artificial splitting of a public contract under EU legislation and CJEU case law
Sargsyan, Gayane ; Šmejkal, Václav (advisor) ; Pítrová, Lenka (referee)
Artificiall splitting of a public contract under EU legislation and CJEU case law ABSTRACT The EU public procurement law aims to ensure open competition in the public procurement market for the purpose of achieving the EU internal market. The scope of procurement legislation based on the estimated value of a contract is set by the financial thresholds specified in the relevant Directive 2014/24/EU. In direct breach to the purpose of EU procurement legislation is artificial splitting of a public contract conducted by a contracting authority resulting in lowering the estimated value of procured works, services and supplies, and thus excluding them from the scope of the Directive. Article 5(3) of Directive 2014/24 prohibits artificial splitting of a public contract. Similar provisions were part of first procurement directives from the 1970s. However, the relevant paragraph does not explicitly regulate what are the exact criteria that contracting authorities should take into consideration while determining the subject matter of a single public contract in order not to violate the prohibition of artificial splitting of a contract. The aim of this thesis is to analyse the secondary EU legislation relevant to prohibition of artificial splitting of a public contract, including soft law and relevant doctrine, as...
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Institutes related to the tender price in the award procedures of public contracts
Stowasser, Marek ; Horáček, Tomáš (advisor) ; Rozehnal, Aleš (referee)
The main aim of this diploma thesis is to provide a comprehensive analysis of selected institutes related to the tender price in the award procedures of public contracts in the light of the new Act No. 134/2016 Coll., on public procurement, with its main focus on evaluation of impacts of the new legislation and identification of its potential risks, while its partial focus lies in comparison with previous legislation, i.e. Act No. 137/2006 Coll., on public procurement, as amended, and assessment of usage of up to now decision practice of the Office for the Protection of Competition and case law of administrative courts. The first chapter deals with a brief overview of the public procurement legislation, its aims and purposes and identification of elementary characteristics of the award procedures of public contracts. The subject of the second chapter is to analyze preliminary market consultation from the general point of view and simultaneously to provide an analysis with a focus on its application, practical execution, benefits and drawbacks related thereto and its influence on the procurement procedures. The third chapter deals with the estimated value of public contracts, rules of its calculation, the issue of division of public contracts and its influence on tender prices. The fourth chapter...
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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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Institutes related to the tender price in the award procedures of public contracts
Stowasser, Marek ; Horáček, Tomáš (advisor) ; Rozehnal, Aleš (referee)
The main aim of this diploma thesis is to provide a comprehensive analysis of selected institutes related to the tender price in the award procedures of public contracts in the light of the new Act No. 134/2016 Coll., on public procurement, with its main focus on evaluation of impacts of the new legislation and identification of its potential risks, while its partial focus lies in comparison with previous legislation, i.e. Act No. 137/2006 Coll., on public procurement, as amended, and assessment of usage of up to now decision practice of the Office for the Protection of Competition and case law of administrative courts. The first chapter deals with a brief overview of the public procurement legislation, its aims and purposes and identification of elementary characteristics of the award procedures of public contracts. The subject of the second chapter is to analyze preliminary market consultation from the general point of view and simultaneously to provide an analysis with a focus on its application, practical execution, benefits and drawbacks related thereto and its influence on the procurement procedures. The third chapter deals with the estimated value of public contracts, rules of its calculation, the issue of division of public contracts and its influence on tender prices. The fourth chapter...
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Public procurement practise in the Czech republic
Ledererová, Lenka ; Hájková, Ivana (advisor) ; Dagmar, Dagmar (referee)
The thesis is focused on the procurement process in the Czech Republic from the perspective of the contracting authority and analyzes legislation in the field of public procurement, understandable definition of certain institutes in the field and evaluation of individual species and tender procedures. The aim is to bring the very essence of a procurement process at the local government level. The theoretical part explains the most important legal concepts and basic principles of contracting procedures. Furthermore chronologically describes the whole procurement process, including analysis of partial processes for selected types of procurement procedures. Results of the work is devoted to the questionnaire survey and controlled interview.
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