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Opportunities for corruption in the Public Procurement Act
Lejček, Kryštof ; Frič, Pavol (advisor) ; Ochrana, František (referee)
The thesis "Opportunities for corruption in the Public Procurement Act" deals with the identification of possible opportunities for corruption in public procurement under the current Act No. 134/2016 Coll., The Public Procurement Act and laws that dealt with public procurement after 1993. together with their amendments. The work is conceived as a case study according to Yin (Yin 1994) using the theory of networks of political actors, which is one of the most suitable for investigating cases of corruption (Potůček 2017). Furthermore, the concept of corruption is defined, including its development, and its types are known according to the academic literature. The aim of the thesis will be to find opportunities for corruption in the laws and also how these opportunities have changed over time, so the subject of the thesis is the period of public procurement from 1993 to the present (2020). The empirical part will analyze the laws and amendments for a given period of time in order to find corruption opportunities in public procurement laws. It will also be assessed whether the necessary changes have been achieved in relation to the reduction of corruption opportunities thanks to the amendment of public procurement laws. At the same time, a questionnaire survey is conducted among public procurement...
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Public remedies of defense in tender procedure focusing on review in administrative procedure
Ošlejšková, Michala ; Vedral, Josef (referee)
Title: Public remedies of defense in tender procedure focusing on review in administrative procedure Abstract: I have chosen the topic related to the public procurement law for my rigorous thesis. With regard to the fact that the issue is really extensive, I decided to focus just only on the specific area which is the control mechanisms of public procurements. Thus, the name of the thesis is derived from this issue and it is as follows: "Public remedies of defense in tender procedure focusing on review in administrative procedure". The main purpose of the thesis was a systematic analysis of public remedies of defense of suppliers against illegal procedure of contracting authorities in respect of the relevant practice of the Office for the Protection of competition and administrative courts and then the review of their effectiveness. The research question, which is derived from the main goal of the thesis, represents the introduction into the writing and it is defined as follows: "Are the remedies of defense of suppliers against the illegal procedure of contracting authorities sufficient and effective?" The first part of the thesis is dedicated to the sources of public procurement law and to the interpretation of some principles of public procurement review. The next, crucial part of the thesis is already...
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Public contracts between persons within public sector (In-house procurement in judgments of the European Court of Justice)
Uruba, David ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
The aim of this study is to provide a comprehensive analysis of the applicability of the exceptions of vertical (in-house) and horizontal cooperation among contracting authorities within the framework of public procurement law. For this purpose is in the thesis used descriptively analytic approach, which included the valid legislation of public procurement Czech Republic, as well as the relevant directives of European Union, although the focus of the thesis was based on the jurisprudence of the Court of Justice of the European Union. The thesis is structured into five chapters. The first chapter discusses the legislative framework of the European Union and the Czech Republic. The second chapter focuses on the basic principles of public procurement law. The third chapter deals with basic concepts and terminology of public procurement law.. The fourth chapter is divided into two major parts. The first part focuses on various factors related to the use of the exemption of vertical cooperation between contracting authorities (participation of private capital in the person of the supplier and contracting authority; the fulfillment of the control criterion and activity criterion; various forms of this exception). The second part is concentrated on the use of exception of horizontal cooperation between contracting...
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Comparative analysis of applying the public procurement law by authorities of state administrative and self-government
Rýcová, Markéta ; Ochrana, František (advisor) ; Langr, Ivan (referee)
(angl.) This thesis discusses the public procurement law. The thesis is a case study. The author follows up on how the law is being used with public procurement at chosen institutions of the state administrative and self-government. The first part of the thesis deals with the explication of the term public procurement and other related terms. The explanation of the term public procurement as the tool of public policy serves as an acquisition. Furthermore, the thesis covers theoretical concepts, which enter the process of public procurement. Through the process of analysis, the analysis of documents and comparative analysis, the author determines whether the law is sufficient for the acts the people working in public procurement have to carry out. The results of the analysis indicate that there are stages of public procurement in which there is a need of creating a methodical material regarding procedures.
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