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Public contracts
Štěpánek, Petr ; Švarc, Zbyněk (advisor) ; Boháček, Martin (referee) ; Koucká, Jiřina (referee) ; Šmerda, Radek (referee)
Public contracts constitute a special method of making contracts, where one side is represented by a public contractor, who intends to expend public funds. There are legal adjustments aimed to make this expenditure effective and economical. The domain of public contracts is also significant for the European Union, and there are standard procedures which should guarantee that subjects from any member state can apply for the public contracts. Consequently the public contracts adjustment is also included in the European law, in the form of directions. The topic of public contracts is a very complex one, therefore in my research I concentrate only on its more important aspects. First, I follow the historic development in this domain and how it was influenced by European law. Then I discuss the main institutes of public contracts, such as the definition of public contract itself, individual assignment procedures, the issue of qualification, methods of offer evaluation and law supervision. In the final part I provide some findings from application practice. Basic conclusions of my work identify the excessively complicated and formal legal regulations, which are often consequence of frequent changes of public contracts legislation, to be a main obstacle for the proper law application. In my opinion, the solution to this situation should consist in stabilizing the legal regulations in its present form. This would mean that the emerging problems could be solved by judicial doctrina.
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