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Exceptions from duty of public procurement in accordance with the law of public procurement
Wellartová, Lucie ; Horáček, Tomáš (advisor) ; Zahradníčková, Marie (referee)
v anglickém jazyce The thesis concentrates on the issue of exceptions from public procurement codified in the Public procurement act 134/2016 Coll., which has been so far mostly neglected by the academic literature. It analyses both the theoretical setting as well as the practical application of this legal institute and the decision-making practice of the authorities in charge of the public procurement area, especially the Office for the protection of competition. By doing so, the thesis strives to overlap the fragmentation of the institution across several sections of the Public procurement act. Exceptions from the obligation to award public contracts according to the Public procurement act represent a frequently used institute whose aim is to enable efficient procurement of goods, services and buildings, which - for various reasons - are not suitable for awarding procedure set in the Public procurement act, i.e. procurement procedure would not be efficient, rational or even possible. In this respect, the thesis attempts to outline the basic principles of application of public procurement exceptions, which reflects the wording of the legislation as well as the intentions of its authors and which is compliant with the current decision-making and monitoring practice of the relevant authorities. The...
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