AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.

As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.

AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.

Articles published in AUCI undergo an independent peer review process, which is anonymous on both sides. Reviewers from the field give their opinion on the scientific quality of the paper and the suitability of publication in the journal. In the case of comments, the opinion is sent back to the author with the possibility of revising the text (see Guidelines for Authors – Per Review Process for more details).

The AUCI journal (ISSN 0323-0619) is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries). AUCI has been assigned a periodical registration number MK E 18585.

In 2021 the journal AUCI was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database Scopus. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite Scopus database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.

AUCI is an open journal and all its content is published both on the faculty website and on the Karolinum Press website. Access to it is free of charge. The homepage of AUCI is on the Karolinum Press website.

The AUCI journal uses the Creative Commons license: CC BY 4.0.

Long-term archiving of the digital content of the journal is provided by Portico.

AUC IURIDICA, Vol 46 No 2 (2000), 5–42

Veřejné podniky v Evropě a v České republice z hlediska soutěžního práva

[State-Owned Enterprises in Europe and the Czech Republic from an Anti-Trust Law Point of View]

Luboš Tichý

DOI: https://doi.org/10.14712/23366478.2025.122
published online: 13. 02. 2025

abstract

Public enterprises are business entities controlled by the public sector. This is primarily the state itself, which is able to use such enterprises to significantly influence the economy, the market situation and especially to reduce competition. For this reason public enterprises are considered primarily in terms of competition and its regulation. Public enterprises are not equally popular in all parts of Europe and the rest of the world, regardless of their form. They may be commercial companies but can also be entities with limited legal capacity that are to various extents tied to the public budget. This is the case in the Czech Republic as well, which took on the Austrian and German traditions, with public enterprises taking the form of what are known as budgetary or contributory enterprises. The state is, however, also strongly involved in joint-stock companies, particularly through coupon privatization. In Europe, particularly the E.U., public enterprises are the subject of special attention. To a certain extent they are considered in connection with the existence of monopolies which arose mainly due to the existence of natural monopolies. Aimed against monopolies are not only competition policy provisions (arts. 81, 82 & 86 Treaty of Rome) but also provisions regarding the free movement of goods (art. 31 Treaty of Rome). In this way is restricted and prohibited the growth of monopolies in trade and in services. European law tolerates certain exceptions permitting the existence of certain types of public enterprises, exempting them from certain competition rules under certain conditions. Such enterprises must be deemed public by reason of some public interest, such as the state-imposed provisions of strategic services within the economy. The Commission supervises both the enterprise and the state. It has decision-making power over both. The association agreement entered into between the Czech Communities and their member states of the European Communities does not specifically address regulation of public enterprises. Nor does Czech law. This is a shortcoming, since particularly certain accounting regulations that have been adopted in the E. U. are needed here. The Act on Budget Rules does fulfil this role.

Creative Commons License
Veřejné podniky v Evropě a v České republice z hlediska soutěžního práva is licensed under a Creative Commons Attribution 4.0 International License.

230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478

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