Administrative Law

The Administrative Law Department provides expert legal advice to public sector entities, private enterprises and individuals, on both national and transnational matters. We draft reports and opinions on the most important administrative law matters, we defend clients in administrative, judicial review and constitutional proceedings and we take part in projects of all kinds in the various national and international regulated sectors of activity. Garrigues lawyers specialize in finding legal solutions that benefit all parties involved in transactions with an impact in the public arena. As far as quality standards of the practice area are concerned, we have once again been placed among the leaders in Spain and Portugal’s foremost professional rankings, both collectively and individually in terms of the number of lawyers singled out for praise, and we have qualified experts in the major disciplines in all areas in which the administrative law practice is present, with an ever greater commitment to excellence in the Iberian market.

Public procurement

We have a wealth of public procurement expertise, generally in the preparation of procurement instructions for entities of different kinds, the structural design of contracts and the drafting of tender specifications and other contractual documents. Additionally, in all countries in which the practice is present, we habitually advise companies and individuals on national tenders or on international projects, as well as on the drafting of reports and opinions, assisting clients in procedures and proceedings for challenging, interpreting, amending and terminating administrative contracts.

We are particularly experienced in advising contractors and concession-holders on procedures to reestablish the financial and economic balance of contracts, as well as on debt recovery and contractual liability claims of any kind against the public sector. We also habitually advise on qualification procedures conducted before the Public Procurement Consultation Board and on due diligence reviews of public contracts awarded in the different countries in which we practice.

The Administrative Law Department also has extensive experience in advising on procurement in the so-called ‘excluded sectors’ (water, transportation, energy and postal services) and on the design of administrative procedures for the implementation of new information technologies in public procurement processes.

Infrastructure

We have a proven track record in defining models for public-private partnership and cooperation between authorities for the construction and set-up of a wide range of infrastructure (hospitals, highways, subways, light rail, ports, car parks, waste treatment plants, etc.), both in Spain and as part of transnational projects, including participation in all aspects relating to their financing and budgetary treatment.

We have received numerous public accolades for our technical expertise in preparing models for the financing, construction and operation of infrastructure, equipment and services. We are experts in the drafting of public works concession contracts and other types of PPP arrangements, with a particular emphasis on the legal aspects of financing and the off-balance sheet treatment of debt under ESA 1995 criteria.

Regulated sectors

We provide advisory services in relation to the various regulated sectors, both in areas traditionally associated with administrative law (such as water, coasts, ports, mining, tourism, transportation or domestic trade) and in areas that are increasingly prominent today, such as gaming, telecommunications or so-called smart cities.

The energy industry accounts for a significant portion of our activities, both in the electricity sector (including renewable energies) and in the oil and gas sector. We regularly participate in due diligence reviews as part of national and international project finance arrangements, advising on procedures for the obtainment of authorizations, concessions and other enabling instruments and preparing reports and opinions on legal issues relating to the sector. In particular, we have extensive experience in providing advice on the sector-specific implications of corporate acquisition, sale and reorganization transactions.

Administrative procedures and judicial review proceedings

We act as legal counsel in all kinds of administrative procedures, particularly concerning enforcement in regulated sectors (energy, transportation, consumption, audit, the securities market, banking regulations, etc.) and in judicial review proceedings at all instances, as well as in challenges to general provisions. We also have extensive experience in advising on proceedings for the protection of constitutional rights at the Constitutional Court.

Draft legislation

We have wide-ranging experience in providing support for the drafting of primary and secondary legislation at state, regional and local level. Our accumulated knowledge in the various industry areas in which we provide advice allows us to contribute to legislative initiatives implemented in the countries in which we pursue our practice.

Public assets and privatization and acquisition processes

We offer expert technical advice in relation to the use and enjoyment of public assets and on processes to acquire public assets (shares in publicly-owned companies, privatizations, etc.). We also work with the public authorities on all types of procedures relating to the management of their assets, including their business assets.

Condemnation

We provide legal assistance to companies and private individuals in condemnation proceedings and alternative arrangements, as well as on all matters relating to proceedings for the reversion of title to condemned assets and rights.

Subsidies and aid

The experience of Garrigues’ administrative law team enables it to specialize in procedures for all types of subsidies and aid (applications, reimbursement, etc.) whether in the administrative or judicial review jurisdiction.

Organization and functioning of the public authorities

We work directly with the principal regional public authorities, autonomous community bodies, publicly-owned business entities, agencies and publicly-owned companies on their legal regime, organization and functioning. Our areas of expertise include administrative reorganization and coordination, the creation and modification of institutional authority bodies, the formation of association-type entities (intermunicipal joint ventures and consortiums) and participation in processes for the formation of state-owned commercial companies.

International activities

The wealth of experience amassed by our team in Spain and Portugal enables us to work with foreign governments and multilateral international institutions (the EU, the World Bank, the IDB) on legislative initiatives (in areas such as justice, social security and health) and infrastructure projects (subway, highways, etc.), as well as provide expert advice to our clients in relation to their regulated activities abroad or contracts tendered in other countries. Garrigues’ international outlook is reflected by our firm commitment to expanding our administrative law practice in some of the countries in which we are already present. In recent years, we have stepped up our activities in Colombia, Peru and Mexico, where our expert teams provide advice on the most significant areas of administrative law and, in particular, in the energy, infrastructure and environmental sectors.

Planning and zoning

We occupy a commanding position in the field of planning and zoning, both when it comes to the drafting of planning instruments and in the area of planning management and enforcement.

 

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