The core of diploma thesis lies in analysis of public procurement procedure of which defining features in all the world public procurement systems are elimination of competition and constraints to the transparency, which opens up the scope especially for disguised breaches of law, discrimination of suppliers and corruption - negotiated procedure without notice. Existence of negotiated procedure without notice is not overseen in the Czech legal environment. Frequency of its use currently amounts to significant 20 per cent of all awarded contracts. This procurement procedure has been traditionally justified in all procurement systems by specific circumstances, which from its nature either eliminate competition, or there is another public interest, which outweigh free competition. Thus balancing of such interests tends to be the major problem when assessing permission to use this non-transparent procedure. Negotiated procedure without notice has already occurred in the Czech law in the first legal act, which governed public procurement. The respective groundbreaker was the Act No. 199/1994 Coll., which was inspired by the UNCITRAL Model law on public procurement. After the accession to the European Union, the Czech Republic was forced to reflect common procurement framework and to implement provisions...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:335882 |
| Date | January 2015 |
| Creators | Čermák, Petr |
| Contributors | Horáček, Vít, Horáček, Tomáš |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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