<abstract xmlns="http://www.w3.org/1999/xhtml">Inspection, as the authoritative supervision of private liable persons to comply their activities with sector-specific laws, should ensure the full implementation of public policies. Slovenia adopted the Inspection Act (IA) in 2002, in order to conduct efficient inspection, and simultaneously guarantee the defence rights of the supervised parties pursuant to the fundamental principles of the EU, the national Constitution, and general Administrative Procedure Act. This article addresses the search for a balance between general codification and sector-related specifics as stipulated by the IA, applying normative, constitutional case law and comparative methods. Special attention is dedicated to the IA rules regarding participants, their legal protection and stages of respective proceedings. It has been concluded that the most of the IA specifics are justified in order to efficiently serve the public interest. This study reveals that the Slovene IA can represent a role model for efficient yet democratic supervision in other MS as well.</abstract>

Inspection Regulation between General Procedural Codification and Field Specifics – a Case Study of Slovenia

<abstract xmlns="http://www.w3.org/1999/xhtml">Qualification requirements for foreign suppliers in Public Procurement (PP) are quite different in each European Union (EU) member state. The most complex requirements for foreign suppliers in the context of public purchases are included in the Czech PP law. The aim of this paper is to make an overview of the problem of qualification requirements for foreign suppliers in the PP law of the CR. Its sub-objectives are the identification and explanation of solutions to the problem in the PP legislation of neighboring countries of the CR that are also members of the EU. The methodological part of the contribution is based mainly on the analysis and critical evaluation of the current state of legal issues relating to the proof of qualification of foreign suppliers in PP orders of the CR; with examples of fairly extensive decision-making practices of the Office for the Protection of Competition and law courts, including the jurisprudence of the European Court of Justice. The paper highlights the unnecessary complexity of qualification requirements that, on purely formal grounds, inhibits submissions of tenders from potential foreign suppliers that would otherwise be able to submit a bid for a public contract without any problems whatsoever. The authors are using and applying a comparative-legal method in the context of the comparison of the PP legislation of neighboring countries of the CR that are also members of the EU. The case study of foreign suppliers bidding for above-threshold public tenders in the CR at the minimum legal requirements of the contracting authority (CA) for proof of qualification, the comparation study with selected EU countries or analysis of the development of the proportion of public contracts awarded to foreign suppliers in 2010–2014 shows that there is legislation uncertainty in EU PP law that should be reduced and simplified on an EC basis.</abstract>

Department of Law and Social Sciences, Faculty of Business and Economics, Mendel University in Brno, Zemědělská 1, 613 00 Brno, Czech Republic

Qualification Requirements for Foreign Suppliers in Public Procurement – Evidence from the Czech Republic

<abstract xmlns="http://www.w3.org/1999/xhtml">The latter European crisis reveals the fact that traditional agreements between governments of the Member States and supranational political and legal institutions of the European Union are not sufficient for the maintenance of European Union stability and integrity. Therefore, the political and legal sustainability of the European Union requires a certain metatheory as a methodology, which could essentially contribute to the coherent construction, interpretation and assessment of theoretical and practical issues of the European Union’s legal and political reality. This paper aims to explore two main questions: What is constitutionalism as a legal-political metatheory? What challenges are faced by this theory while addressing the specific EU legal-political reality construction problems?The results of the research reveal that constitutionalism as a metatheory is constituted by principles and values, which provide ideological support for the development of the nation, and performs a methodological function in the construction of legal and political reality. However, the EU’s political elite still seeks to legitimize constitutionalism as a political action theory, which, accordingly, legitimizes the respective legal policies it pursues. This process dangerously increases the gap between the EU’s political elite and the societies of its Member States.</abstract>

Institute of Public Law, Faculty of Law, Mykolas Romeris University, Ateities g. 20, Vilnius 08303, Lithuania.

Department of Law, Faculty of Public Security, Mykolas Romeris University, Ateities g. 20, Vilnius 08303, Lithuania.

European Constitutionalism as the Metatheory of the Construction of Legal and Political Reality and the Challenges for its Development<xref ref-type="fn" rid="fn1_w2aab2b8b7b1b7b1ab1aaAa">*</xref>

<abstract xmlns="http://www.w3.org/1999/xhtml">Within the context of the continuing integration process in Europe, this paper addresses the question of whether policies in the EU should head towards autonomy, coordination or harmonization. Taking the path dependence effect into account, it is the authors’ opinion that Europe has gone too far in its integration process to be able to continue with policies being fully under the competences of individual member countries. However, the habitual question still arises: does fiscal policy need to be harmonized to a level comparable to monetary policy as these two policies, necessarily, complement each other? This paper argues that it does not. There are three main arguments discussed. Firstly, the authors build on the theory of fiscal federalism. Secondly, there are significantly different regimes of welfare states and extents of social policies among European countries, which strongly determine the character of public finance. And thirdly, the tax systems across Europe are also highly divergent, with many features of continuing tax competition.</abstract>

Department of Economics, Faculty of Business and Economics, Mendel University in Brno, Zemědělská 1, 613 00 Brno, Czech Republic.

Department of Accounting and Taxes, Faculty of Business and Economics, Mendel University in Brno, Zemědělská 1, 613 00 Brno, Czech Republic.

Policy Autonomy, Coordination or Harmonization in the Persistently Heterogeneous European Union?

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Volume 7 (2016): Issue 1 (March 2016)

Inspection Regulation between General Procedural Codification and Field Specifics – a Case Study of Slovenia

Qualification Requirements for Foreign Suppliers in Public Procurement – Evidence from the Czech Republic

European Constitutionalism as the Metatheory of the Construction of Legal and Political Reality and the Challenges for its Development*

Policy Autonomy, Coordination or Harmonization in the Persistently Heterogeneous European Union?

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