Public and Administration Law

Public and Administration Law

The public sector plays a crucial role in our economy. Not only as a key purchaser of services or goods, with and estimated share of public procurement in GDP globally to be between 10 and 15%, but also as authority regulating and supervising many industries, activities and services.
We are well versed in all aspects of economic public and administrative law, providing the pragmatic, effective advice our clients require when working in, with or under the supervision of the public sector. We also handle public law litigation before judicial courts, the Council of State and other administrative, and the Constitutional Court.
We provide complete services to our clients including federal government, regional governments, government agencies, public and private companies, local authorities and other public bodies, mainly with respect to the following matters :

Public Procurement

Our services to public sector entities (federal, regional or local government bodies, or private law entities mainly financed or controlled by such bodies, e.g. hospitals, universities, schools, nursing homes, …) include :

  • Strategic advice regarding the organisation of public tenders (choice of the tender procedure, structure of the tender, determination, selection/award criteria, etc. );
  • Audit of tender documents (compliance control public procurement law);
  • In house counselling / legal interim management for large tender projects, etc.);
  • Dispute resolution, pre-litigation and litigation (disputes regarding tender award decisions and regarding the performance of public tenders).

We also assist our private law clients, mainly companies or associations working with the public sector by providing the following services :

  • Strategic advice regarding the set-up of a joint tender submission (structuring of joint-ventures or other forms of joint tender submissions), or an SPV ;
  • Audit of draft tender submissions (compliance with tender documents);
  • Dispute resolution, pre-litigation and litigation (disputes regarding tender award decisions and performance of public tenders).

Public service concessions, grant agreements, and other public contracts

The same services as listed for public tenders can be provided with respect to concessions, grants, or other contracts involving public entities.

Zoning and Environmental Law

  • Advising/litigating environmental responsibility
  • Environmental due diligence
  • Town planning due diligence

“Regulatory” (regulated industries), e.g. telecom, media, medical devices, clinical trials, energy, banking/finance/insurance, etc.

  • Advice on technical EU or national norms
  • Relations / litigation with national regulators (VRM-CSA, IBPT, FSMA, etc.)

General administrative Law

  • Government liability
  • Freedom of information
  • Public law litigation before the Council of State and other administrative courts