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Protection Against Incorrect Conduct of a Contracting Authority in the Public Procurement Process
JANOUŠKOVÁ, Aneta
This diploma thesis deals with the protection of the supplier and the company in general in the process of awarding public contracts by the contracting authority. The aim of the work is to analyze the possibilities of means of protection that can be used against procedure of contracting authority this way. The work is divided into two parts, theoretical, which contains the definition of public contract and the procedure for their award, a description of the basic principles of procurement act, analysis of individual means of protection of the contracting authority, overview of individual offenses and proposals de lege ferenda. The second part is a practical part, which analyzes specific examples of practice in, in order to approach and clarify some public contracts that were awarded in various types of procurement procedures. Whereas that this is protection against illegitimate procedures in public procurement, there are chosen that cases in which the inaccuracy confirmed and where there was an authoritative action by the Office for the Protection of Competition, or related bodies within justice the following examples are selected, for which incorrect confirmations were made and where there was authoritative action by the Office for the Protection of Competition, or related bodies within judiciary. The main element for the elaboration of the whole work became by the Act No. 134/2016 Coll., the Public Procurement Act, which was interpreted using selected case law, professional periodicals and commentary literature.
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Protection of a supplier against conduct of the contracting agency in public tenders
Blažková, Eva ; Plíva, Stanislav (advisor) ; Liška, Petr (referee)
Protection of a supplier against conduct of the contracting agency in public tenders The aim of this thesis is to analyze the legal instruments by which suppliers can defend against unlawful practises of contracting entity. The reason of choosing this theme is my deep interest in this sphere. Ever year, more than eight thousand tenders are announced in the Czech Republic. There are more than fifteen thousand contracting authorities. The public sector expends more than 600 billion Czech crowns on public procurement every year. The acting of subjects involved in the procurement proces is often unlawful. It is therefore necessary to set the legal framework of competition for public contracts so that it will be ensured prevention the unlawful procedures of subjects affecting the procurement process and ensure the most efficient spending of public funds. This thesis consists of four chapters. The first concerns the most important principles associated with public procurement. There are also examples of practical reflection of these principles to various statutory provisions. The second chapter is devoted to the juridical institut of objections to acts of the contracting authorities. Chapter three is focused on the public procurement supervision held by the Office for the Protection of Competition. The...
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Protection against improper conduct of a contracting authority in a public tender
Dostál, Ondřej ; Plíva, Stanislav (advisor) ; Štenglová, Ivanka (referee)
1 Abstract Protection against improper conduct of a contracting authority in a public tender The aim of this thesis is to analyze the system of protection against improper conduct of a contracting authority in a public tender in the Czech Republic. This is a hot topic since the public eye at present focuses on corruption in public administration and public procurement is often mentioned in this context. The work consists of four chapters. The first chapter discusses the basic principles of public procurement, and highlights their importance for protection against improper conduct of a contracting authority. The second chapter of the thesis deals with the sources of legislation of protection against improper conduct and defines the term review procedures as a generic term. The third chapter provides an introduction of the authorities providing protection against improper conduct of contracting authorities and their responsibilities in overseeing public procurement. The fourth chapter contains individual means of protection, which can be used by a supplier to correct errors of the contracting authority. These means of protection are objections against the conduct of the contracting authority, the administrative procedure before the Office for Protection of Competition and an action against the decision of the...
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The position of a guarantor (avalist) in relations regarding the bill of exchange
Charvátová, Hana ; Horáček, Vít (advisor) ; Pelikán, Robert (referee)
The position of a guarantor (avalist) in relations regarding the bill of exchange Aval is connected with a security called a bill of exchange. Besides the possibility to use the bill of exchange to secure debts, it is possible to ensure the debt embodied in the bill of exchange charter and increase its value. It is meant aval as the main theme of the thesis. The main aim of the thesis is to introduce aval from a legal point of view and assess the status of the guarantor in bills of exchange relations from the point of view of his rights and duties, especially against s and debtors (in the case of regression) in different situations and phases. The special source of legislation is the law of bills of exchange and checks that permeates the entire structure of the work. Structurally this work consists of two main parts. The first part is focused on legal formalities on bills of exchange charter and consequences in case of the absence of one of these essential formalities for the position of guarantor. The second part is devoted to aval In addition to development, formal and material conditions necessary for the origin of the bill of exchange is considerable space devoted to characteristics of aval . Another important part of this work represents creditors negotiations towards guarantor and vice versa, which...
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Legal standing of neighbours in the procedures to grant planning permission
Jílková, Zuzana ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
Legal standing of neighbours in the procedures to grant planning permission The Diploma Thesis Zuzana Jílková Abstract The Diploma Thesis entitled "Legal standing of neighbours in the procedures to grant planning permission" presents an analysis of the concept of the "neighbour" in the individual procedures to grant a planning permission under the Building Act, namely the planning permission proceedings, the summary planning permission proceedings, the planning consent issuance, the conclusion of a public contract and the regulatory plan issuance. Procedural rights of the neighbour are analysed in detail. The neighbour, in its capacity as an interested person, may actively use these rights and thereby influence the course and outcome of the proceedings. The thesis focuses primarily on the planning permission proceedings and objections which neighbours may raise against the construction project under the conditions set out in the Building Act. The aim of the thesis is to create an image of the neighbour by means of an analysis of the various procedures and to outline the problematic aspects of the current legislation regarding in particular the defence before the administrative courts in the simplified procedures. The utilized sources were legislation, literature, case law and official opinions of the...
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Objections in planning permission proceedings and building permit proceedings
Mourek, Karel ; Staša, Josef (advisor) ; Svoboda, Petr (referee)
Objections in planning permission proceeding and building permit proceeding Abstract The thesis focuses on objections as a key institute by which participants can defend their rights in the planning permission proceedings and building permit proceedings - the objections. The aim of the thesis is to map this institute both in terms of its procedural use and in terms of the facts that the participants in the proceedings apply in these objections. The author of the thesis does so due to the fact that no professional literature deals directly with this topic. The thesis is divided into several parts. The first part briefly describes the basic principles and mechanisms of planning permission proceeding and building permit proceeding, which are key for a proper understanding of the meaning of objections. The second part briefly describes the history of objections in the legislation from the second half of the nineteenth century to the present and the third part explains the concept of objections from the perspective of administrative law and construction law. The main content of the thesis is then in the fourth and fifth part. In these parts, the institute of objections is described first in the planning permission proceedings and then in the building permit proceedings. It describes in detail who is entitled to...
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Protection against irregular practises of contracting authority
Ducháček, Tomáš ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
This thesis deals with the protection against irregular practises of the contracting authority in awarding public contracts. I analyzed part of the Government Procurement Act on Review Procedures, including some of the regulatory impacts. The introductory part of the thesis is followed by a chapter explaining the basic concepts of the issue. In the chapter three, I deal mainly with the institute of objections and blocking deadlines that prevent the contracting authority from entering into a contract. Next chapter is dedicated to the proceedings before the Office for the Protection of Competition, from the submission of the petition, through the deposit institution or the newly established obligation to pay the claim fee, the specific differences in the proceedings before the Office against the standard administrative procedure are highlighted, up to the possible ways and reasons of the termination of the administrative procedure. Appeals against the Office's decision, including possible appeals to the administrative court, are the subject of chapter five. In the end, I summarize the lessons learned, I respond to the questions asked in the introduction and I come up with considerations about legislation. Personally, I consider the analyzed legislation to be quite good. I consider the strengthen role...
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Enforcement of administrative decisions
Gebouský, Lukáš ; Kopecký, Martin (advisor) ; Rajchl, Jiří (referee)
This Master thesis is about the issue of execution of administrative decision, which are regulated in the Administrative Procedure Code. The thesis deals with the concept of Enforcement order and it defines the key points of enforcement order. This thesis seeks also to put this kind of enforcement in context with administrative proceeding and to describe every step before start of execution and also how to start process of execution. In chapter which contains process of execution itself, thesis examines procedural requirements of Execution's attachment, kinds of execution and order of steps done by an administrative authority. Thesis describes specific points of each kind of making an execution and it seeks to find characteristics of every kinds of administrative execution. Thesis seeks how to make execution without any violation of laws and maxims established by administrative law and without violation of laws and maxims from another branches of law too. Thesis is focused on executions on kind, which contains E.G. Eviction, removing of movable property (including rules about personal searching and flat's searching), enforcement fine etc. Executions in money are introduced only marginally in thesis and it describes issues in locations and competence of administrative authorities. Thesis contains...
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The position of a guarantor (avalist) in relations regarding the bill of exchange
Charvátová, Hana ; Horáček, Vít (advisor) ; Pelikán, Robert (referee)
The position of a guarantor (avalist) in relations regarding the bill of exchange Aval is connected with a security called a bill of exchange. Besides the possibility to use the bill of exchange to secure debts, it is possible to ensure the debt embodied in the bill of exchange charter and increase its value. It is meant aval as the main theme of the thesis. The main aim of the thesis is to introduce aval from a legal point of view and assess the status of the guarantor in bills of exchange relations from the point of view of his rights and duties, especially against s and debtors (in the case of regression) in different situations and phases. The special source of legislation is the law of bills of exchange and checks that permeates the entire structure of the work. Structurally this work consists of two main parts. The first part is focused on legal formalities on bills of exchange charter and consequences in case of the absence of one of these essential formalities for the position of guarantor. The second part is devoted to aval In addition to development, formal and material conditions necessary for the origin of the bill of exchange is considerable space devoted to characteristics of aval . Another important part of this work represents creditors negotiations towards guarantor and vice versa, which...
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Protection of a supplier against conduct of the contracting agency in public tenders
Blažková, Eva ; Plíva, Stanislav (advisor) ; Liška, Petr (referee)
Protection of a supplier against conduct of the contracting agency in public tenders The aim of this thesis is to analyze the legal instruments by which suppliers can defend against unlawful practises of contracting entity. The reason of choosing this theme is my deep interest in this sphere. Ever year, more than eight thousand tenders are announced in the Czech Republic. There are more than fifteen thousand contracting authorities. The public sector expends more than 600 billion Czech crowns on public procurement every year. The acting of subjects involved in the procurement proces is often unlawful. It is therefore necessary to set the legal framework of competition for public contracts so that it will be ensured prevention the unlawful procedures of subjects affecting the procurement process and ensure the most efficient spending of public funds. This thesis consists of four chapters. The first concerns the most important principles associated with public procurement. There are also examples of practical reflection of these principles to various statutory provisions. The second chapter is devoted to the juridical institut of objections to acts of the contracting authorities. Chapter three is focused on the public procurement supervision held by the Office for the Protection of Competition. The...
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