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Legal Framework for Price Regulation in the Energy Sector
Helus, Martin ; Handrlica, Jakub (advisor) ; Rychlý, Tomáš (referee)
Legal Framework for Price Regulation in the Energy Sector Abstract The thesis deals with price regulation and price composition in the energy sector. Price regulation in the energy sector primarily pertains to capacity-related activities. These activities are characterized by the monopolistic position of operators, and therefore, the legislator regulates this area. The form of price regulation by the energy regulatory office is established through abstract legal acts, which complicates the defense of recipients of price decisions. The thesis analyzes European regulations and jurisprudence, which place certain requirements on member states and can serve not only as a guide for interpreting Czech law but also contribute to greater protection of recipients of price decisions. The European directives concerning the electricity and gas sectors impose certain requirements on decisions by the Energy Regulatory Office to ensure that its decisions are properly justified and can be judicially reviewed. A remedy against decisions of price-setting bodies should be available to an independent entity separate from the parties and the government. The thesis points out the inadequacy of fulfilling this requirement and proposes the opinion that, based on this, there can be a direct application and evaluation of price...
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Review of secondary legislation before the administrative courts
Wagner, Martin ; Sládeček, Vladimír (advisor) ; Rychlý, Tomáš (referee)
The relationship between constitutional and administrative justice might be defined as very close. In many fields of their jurisdiction, including the judicial review of legal regulations, there is no strict line of demarcation. Contrary to the control of constitutionality of laws that unambiguously belongs to constitutional courts, the judicial review of legal regulations other than laws (secondary legislation) may be under certain circumstances performed also by administrative justice. Pursuant to the Article 87, paragraph 3, letter. a) of the Constitution of the Czech Republic, a law may stipulate that in respect of repeal of legal regulations, which are in violation of the law, rulings shall be issued by the Supreme Administrative Court in place of the Constitutional Court. Notwithstanding the foregoing, such constitutional delegation has not been applied till now and mentioned review of secondary legislation still belongs to constitutional justice. The major objective of this study is to analyse specifics, advantages and imperfections of secondary legislation review performed by administrative courts. In the first part, the thesis focuses on historical development of models of administrative justice (with special attention to judicial review of legal regulations) and also mentions related...
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Public Law Aspects for Undertakings in both Electricity and Gas Industries
Košťál, Vratislav ; Handrlica, Jakub (advisor) ; Frumarová, Kateřina (referee) ; Rychlý, Tomáš (referee)
Public Law Aspects for Undertakings in both Electricity and Gas Industries The doctoral thesis named "Public Law Aspects for Undertakings in both Electricity and Gas Industries" is focused on bringing a complete view how the public interest is represented in relation to the conduct of enterprise in infrastructural businesses as the sectors of electricity and gas industries concern that are in many ways similar to each other and are also managed by the comparable European law regulation. The public interest, either comes from the European or Czech legal regulations interferes in many different variations and modifications into the energy business. From time to time, legislator emphasizes the partial individual interest (e. g. being part of the constitutional order as in the case of the protection of ownership) in the wording of the Energy Act as well as in the other public law as goods protected by the public law. On the other way, also much more typical general interest is defended to achieve wellbeing of the whole society that is to be preferred to those interests of individuals. The thesis in question primarily analyses the wording of the Czech Energy Act in not amended version, which has not been modified yet in accordance with the binding European law framework consisted of the so called Winter Energy...
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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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Review of secondary legislation before the administrative courts
Wagner, Martin ; Sládeček, Vladimír (advisor) ; Rychlý, Tomáš (referee)
The relationship between constitutional and administrative justice might be defined as very close. In many fields of their jurisdiction, including the judicial review of legal regulations, there is no strict line of demarcation. Contrary to the control of constitutionality of laws that unambiguously belongs to constitutional courts, the judicial review of legal regulations other than laws (secondary legislation) may be under certain circumstances performed also by administrative justice. Pursuant to the Article 87, paragraph 3, letter. a) of the Constitution of the Czech Republic, a law may stipulate that in respect of repeal of legal regulations, which are in violation of the law, rulings shall be issued by the Supreme Administrative Court in place of the Constitutional Court. Notwithstanding the foregoing, such constitutional delegation has not been applied till now and mentioned review of secondary legislation still belongs to constitutional justice. The major objective of this study is to analyse specifics, advantages and imperfections of secondary legislation review performed by administrative courts. In the first part, the thesis focuses on historical development of models of administrative justice (with special attention to judicial review of legal regulations) and also mentions related...
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