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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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Disputes in trade marks: constants and specificity in judicial
Kučera, Vít ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
DISPUTES IN TRADEMARKS - CONSTANTS AND SPECIFICITY IN JUDICIAL Presented diploma work on above mentioned theme is focused on judicial activity of authoritative bodies or courts, which are or were authorized to give judgements in area of trademarks. First part of the work is naturally an introduction, which contains only general information about chosen topic and trademarks. After that brief history presentation of trademarks area follows. Then is the reader familiarized with actual regulations in force. This part is divided into two subchapters - the first one is focused on substantive law, the second on procedural law. In the second part is also closer explained why was chosen this topic of the diploma work, which is related to variety and diversity of case law in this matter. At the same time author presents authoritative bodies or courts, which give decisions in the area of questions - trademarks (brands). Due regards are taken relative to membership of Czech Republic in the European Union, and therefore to its regulations as well. Main chapter of presented diploma work is chapter three. In this chapter comes closer and detailed explanation of three, for the area of trademarks due to opinion of author fundamental, questions - likelihood of confusion, distinctive capability and trademark usage. In...
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Development of Decision-making in the Field of Public Procurement
Zapalačová, Michala ; Pítrová, Lenka (advisor) ; Šmejkal, Václav (referee) ; Rychlý, Tomáš (referee)
- DEVELOPMENT OF DECISION-MAKING IN THE FIELD OF PUBLIC PROCUREMENT As the title of the dissertation suggests, its content is an analysis of decision-making in the field of public procurement, including its evolution. The dissertation is divided into three main chapters, namely the general conclusions on the legal regulation of the review of the procedure of contracting authorities, a specific analysis of decision-making practice and proposals for legal regulation de lege ferenda. In general, the dissertation focused on both national review and the supervision of public procurement by the EU institutions. The dissertant focused mainly on the description of the motion proceedings and ex officio proceedings, the imposition of corrective measures and also the legal regulation of offenses. In the chapter on the summary of general legislation, the dissertant also briefly described the role of the The Office for the Protection of Competition ("Office") and national administrative courts, as well as the role of the Constitutional Court. In the chapter on decision-making practice in the field of public procurement, which is a key part of the dissertation, the dissertation analyzed the issued decisions, especially in the period after the entry into force of the new Public Procurement Act. The described...
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Development of Decision-making in the Field of Public Procurement
Zapalačová, Michala ; Pítrová, Lenka (advisor) ; Šmejkal, Václav (referee) ; Rychlý, Tomáš (referee)
- Development of decision-making in the field of public procurement As the title of the dissertation suggests, its content is an analysis of decision-making in the field of public procurement, including its evolution. The dissertation is divided into three main chapters, namely the general conclusions on the legal regulation of the review of the procedure of contracting authorities, a specific analysis of decision-making practice and proposals for legal regulation de lege ferenda. In general, the dissertation focused on both national review and the supervision of public procurement by the EU institutions. The dissertant focused mainly on the description of the motion proceedings and ex officio proceedings, the imposition of corrective measures and also the legal regulation of offenses. In the chapter on the summary of general legislation, the dissertant also briefly described the role of the The Office for the Protection of Competition ("Office") and national administrative courts, as well as the role of the Constitutional Court. In the chapter on decision-making practice in the field of public procurement, which is a key part of the dissertation, the dissertation analyzed the issued decisions, especially in the period after the entry into force of the new Public Procurement Act. The described...
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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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Disputes in trade marks: constants and specificity in judicial
Kučera, Vít ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
DISPUTES IN TRADEMARKS - CONSTANTS AND SPECIFICITY IN JUDICIAL Presented diploma work on above mentioned theme is focused on judicial activity of authoritative bodies or courts, which are or were authorized to give judgements in area of trademarks. First part of the work is naturally an introduction, which contains only general information about chosen topic and trademarks. After that brief history presentation of trademarks area follows. Then is the reader familiarized with actual regulations in force. This part is divided into two subchapters - the first one is focused on substantive law, the second on procedural law. In the second part is also closer explained why was chosen this topic of the diploma work, which is related to variety and diversity of case law in this matter. At the same time author presents authoritative bodies or courts, which give decisions in the area of questions - trademarks (brands). Due regards are taken relative to membership of Czech Republic in the European Union, and therefore to its regulations as well. Main chapter of presented diploma work is chapter three. In this chapter comes closer and detailed explanation of three, for the area of trademarks due to opinion of author fundamental, questions - likelihood of confusion, distinctive capability and trademark usage. In...
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