The aim of this thesis is to analyze the development of legal and institutional framework of the public procurement in the Czech Republic from 1993 to 2011 and on the basis of this analysis to determine their influence on rent seeking in the public procurement. The main problems of the public procurement in the CR are also discussed in this thesis. The process of awarding and execution of the public procurement is very topical. A hundred of billions from public funds are yearly spent through the public procurement in the CR. Currently, the intense debate about the influence and importance of the public procurement act amendment are taking place. The theoretical part covers the general theory of rent seeking. The basic characteristic together with the economical aspects of the public procurement are also explained here. The analytical part is focused on the development of legal framework of the public procurement from 1993 to 2011. The main accent is put on the defining of the space for rent seeking during awarding, execution and follow-up control of the public procurement. The development of institutional framework of the public procurement arrangements in the CR, namely the activities of the Office for the Protection of Competition, the Supreme Audit Office and the Ministry of Regional Development, are defined in this part. Further, the main problems of the public procurement in the CR together with their possible solutions are described here. The thesis uses the method of comparison of the different public procurement acts which were implemented during the years 1993-2011 including the comparison of the institutional framework in order to detect the positive and negative influence on the rent seeking in the public procurement.

The thesis deals with the nature of the decision-making of the Office for the Protection of Competition (hereinafter "the OPP") in the area of public procurement. The theoretical part describes the various methods used, the legislative framework for the decision-making processes of the OPP (from the point of view of the currently effective legislation and the new Act on public procurement), and summarizes theoretical assumptions. In the analytical part, selected decisions of the OPP from the years 2005-2015 are analysed, using descriptive and interferential statistical methods. In terms of the subject matter, the OPP most often conducts proceedings in relation to complaints against alleged violation of the prohibition of discriminatory practices. Decisions of the OPP are challenged before administrative courts in only 4% of cases, in spite of the fact that contracting authorities are found guilty of committing an administrative offense in almost 80% of the cases. Commonly imposed penalties are fines. The trend of decisions on guilt, as well as the imposition of fines, is growing, however, the level of fines remains unchanged. A contracting authority which awards a public works contract is more likely to be found guilty than a contracting authority awarding other public contracts. It is also more...

The Master's thesis describes and analyses the legislation of the on-site inspections conducted by the Czech Office for the Protection of Competition and the European Commission. The competition authorities may investigate business and other premises in order to find evidence proving the violation of competition rules. The on- site inspection or so called dawn raid is a main investigative and the most effective tool of the competition authorities in proceedings concerning the possible breach of competition law. The main aim of this thesis is to provide a detailed description of the relevant legislation and case law, to highlight any legal issues connected with on-site inspections and offer solutions of these issues, and finally to examine guarantees of the fundamental rights of the undertakings during the inspection. The thesis consists of eight chapters. Chapter One and Two are introductory and describe basic terms connected with the competition law. In Chapter Three the thesis deals with the scope of relevant Czech and EU legislation. Chapter Four is concerned with the guarantees of fundamental rights within on-site inspections. This chapter comprehensively describes and analyses relevant decisional practice of the European Court of Human Rights, Czech and EU courts, in which those courts...

This thesis deals with public procurement within Operational Programme Education for Competitiveness during the period 2007 2013. The introductory part of the thesis contains a brief description of Operational Programme Education for Competitiveness and its implementation into targets of regional politics. The following parts are dedicated to the public procurement in general and then in a specific envoronment of Operational Programme Education for Competitiveness. The fundamental part of the thesis illustrates process of supervision of the public contracts (ex-ante and ex-post), results of the checks and most frequent mistakes revealed during checks with a brief analysis of their causes and suggested steps to eliminate them in future. Next part of this thesis is aimed at ineligible expenditures caused by mistakes in public procurements. The final part contains a closer look at area of public procurement in the frame of current programming period 2014 and 2020.