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Excessive public tenders with respect to construction work subject to open procedure
Csorba, Csaba ; Vopálka, Vladimír (advisor) ; Handrlica, Jakub (referee)
English summary Public procurement, as a relatively young branch of law, emerging from the American internal army regulations of public contracts, has become one of the most significant instrument of outsourcing execution of work, supply of products and services. In this work I am dealing with construction works, as they are the basis of present and future economic growth. Public tenders for infrastructure, flood control measures, reconstruction of schools and hospitals etc. effectively allocates financial means, but also creates new jobs and opportunities for economic operators hit by the global financial recession. The purpose of this master degree thesis is to analyze the current Czech public procurement legislation with respect of the regulations and directives of the European Union. As it is not possible to give a comprehensive preview of every single problem and question relating public procurement, the focus is on the most problematic part of the Public Procurement Code. The first chapter describes purpose of this specific branch of law providing a short historical background. It also concentrates on the principles of awarding contracts: acting transparently, treating the economic operators equally and avoiding their discrimination. The second chapter explains the basic differences between the...
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An educational legal entity
Šípová, Adéla ; Vopálka, Vladimír (advisor) ; Millerová, Ivana (referee)
46 8. Resumé v anglické jazyce -Summary in English Educational legal entity Educational legal entity is a new type of legal entity established under Act No. 561/2004 Coll. (the "Schools Act"). There are not many of these legal entities at the moment as they represent a brand new institute, more often used by church schools to which this concept has brought many simplifications when compared to the previous regulation. Educational legal entity is specific due to the fact that it can be established only for the purpose of operation of primary business in the education sector in accordance with Section 3a of Act No. 561/2004 Coll. The issues of the educational legal entity shall be governed by the applicable provisions of the Commercial Code unless the law specifies otherwise. When compared to other legal forms, in particular the allowance organisation as the most common operator of schools, differences are traced mostly in the higher level of management autonomy. Educational legal entity may administer its own property, create monetary funds etc., which will allow for a better use of the property and a more effective long-term planning. The manager of the school is, at the same time, the authorized representative of the educational legal entity. He must comply with the conditions for practice of the position...
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Resolution of Road Traffic Delicts in Theory and Practice
Žabenský, Martin ; Vopálka, Vladimír (advisor) ; Staša, Josef (referee)
Resolution of Road Traffic Offences in Theory and Practice The aim of my thesis is to analyze current situation in the Czech Republic in the field of road traffic offences resolution. The reason why I have chosen this topic is the fact that road traffic offences are an illegal conduct that you are very likely to come across every day, and, despite this fact, there is not much literature about it. Most road traffic offences are committed by a motor vehicle driver. In the Czech Republic, there are about 6.5 million driving license holders, i.e. almost two thirds of the Czech population. In my thesis I have focused on offences which are specified in section 22 of the Administrative Offences Act (No. 200/1990 Coll.), i.e. offences that are directly related to driver's behaviour on the road and which are very often capable of causing a traffic accident. The thesis is divided into six chapters, starting with a short introduction in Chapter One. Chapter Two introduces the principal sources of road traffic offences law. Chapter Three briefly explains which public authorities are involved in the resolution of road traffic offences. Chapter Four is the most important part of the thesis; in its nine sub-chapters it describes the entire procedure of road traffic offences resolution. First, it points out the...
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Problems in application on free access to information
Jirovec, Tomáš ; Vopálka, Vladimír (advisor) ; Prášková, Helena (referee)
Problems in Applying the Free Access to Information Act1 By integration of the Charter of Fundamental Rights and Freedoms into the "constitutional order"2 , the Czech Republic declared the acknowledgment of the principles of democratic legal state. Wording of the Charter is in accordance with the most relevant international documents on human rights, therefore it also anchors the right to freedom of expression, closely related to the right to information as the significant means of controlling public administration by engaged public. The diction of article 17 (5) shows that the change in the conception of public affairs administration occurred when the discrete administration was abandoned for the administration publicity principle which ought to be implemented with maximum of openness and transparency. The right to information has found its statutory expression in the Act on Free Access to Information that was passed in the year of 1999. The passivity of the Czech Republic government in regulating the field of providing information forced a group of senators to draft the bill that was finally passed as the mentioned act. The fact that the text of the law did not originate in the government, which has an extensive legislative apparatus at its disposal, is one of the circumstances causing that the...
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Protection of personal data
Kürtösiová, Milada ; Vopálka, Vladimír (advisor) ; Prášková, Helena (referee)
Resumé - Personal Data Protection Norman Lewis, the author of an article entitled "Right for Privacy in the Age of Facebook", points out an important divergence related to personal data protection: "It is common to encounter people who are concerned about data collection and the potential abuse of power by the state, but who are at the same time willing to reveal deeply personal thoughts on social networking sites". In his article, N.Lewis poses a question "can one seriously argue that privacy is generally regarded as important today?" In my opinion, the issue of personal data protection is becoming increasingly important. An interest in the topic of personal data protection is connected to the modern era and mainly to the development of modern technologies. Personal data processing, the possible misuse of such data and personal data theft are phrases often to be heard nowadays. In addition, another related issue has recently been gaining considerable attention - personal data transfer to foreign countries. Outlining the structure of this thesis in greater detail, the first chapter introduces the basic historical sources of corresponding international and European legislation (such as international agreements, OECD Guidelines on protection of privacy and trans-border flows of personal data or Personal Data...
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Punishing administrative transgressions and the system of penalty points under the Highway Traffic Act
Ferancová, Zuzana ; Vopálka, Vladimír (advisor) ; Prášková, Helena (referee)
Punishing of administrative transgressions and the system of penalty points under the Highway Traffic Act Abstract The content of the diploma thesis focuses on matter of the system of penalty points and selected issues regarding punishing of administrative transgressions. The paper is composed of five parts. Chapter One introduces Czechoslovak historical predecessors of the system of penalty points and examines the development of its current legal regulation in the Highway Traffic Act. The second part deals with fundamental principles of the system of penalty points and particularly assesses the function of prevention principle. The following chapter analyzes the actual legal regulation of the system of penalty points. The author warns against relating insufficiencies and recommends the appropriate solution. The goal of the Chapter Four is based on survey of the fact, whether the system of penalty points represents the sanction by its nature. The author critically researches the proportionality of the system of penalty points and its accordance with the Czech constitutional order. This chapter also concerns with judicial decisions of Czech courts and the European Court of Human Rights referring to the character of the system of penalty points. The last chapter evaluates the proportionality and compliance...
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