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PUBLIC LAW

Management of public services

Both the public authorities and companies contracted to manage public services often require advice, both of a preventive and a reactive nature, in their relations.

The decisions of public authorities regarding the provision of public services or changes in the way they are managed, means there is a need to handle the relevant procedures, including those for the taking over or release of property. There may also be issues relating to the need to intervene in the service or to regulate someone providing a public service de facto or without having the appropriate authorisation. In addition, there is often a need for studies regarding the pricing structure applicable to different types of public service management.

Moreover, the companies providing these services may be affected by the decisions of the public authorities, or sometimes seek amendments to contracts in order to re-establish the economic equilibrium of the parties’ positions. The proper advice in these cases has to ensure correct compliance with the parties’ contractual obligations, while also respecting the rights of contractors.

Our firm offers advice on all of these issues and any others that fall within the scope of the provision of a public service.

Public procurement

Analysing public authority specifications from a legal point of view can contribute to the appraisal of the risks that every company contracted by the public authority assumes, especially in works contracts and management of public services. Both this preventive work and requests for price reviews, termination of contracts, monitoring of property return procedures, internal reviews and proceedings in the administrative law courts deriving from them and other issues that may arise in the area of public procurement are also handled by our firm.

For public authorities the firm offers services relating to the preparation of procurement procedures - determining applicable methods, handling of procedures, drafting of private specifications, and where appropriate contributing to the drafting of technical specifications – and to the performance of contracts that have already been awarded - monitoring compliance with the contractors’ obligations, re-establishing the economic equilibrium under the award, advising on the procedures for reviewing prices, etc.

Public authority liability

Whether taking care of the interests of private individuals or organisations or the interests of public authorities, MENÉNDEZ & ASOCIADOS ABOGADOS provides advice in the area of the authorities’ financial liability, i.e. in those public authority procedures where the dispute concerns the right of the individual to be compensated for damage suffered, as a result of the normal or abnormal functioning of public services.

This advice extends both to internal review and to proceedings in the administrative law courts, where appropriate, if this type of issue has to be settled in the courts because the parties are unable to reach an agreement or there is no satisfactory public decision.

Compulsory purchase

Cases of compulsory purchase by the public authorities are often connected to the area of urban planning but also occur in other areas of public authority activity. Monitoring these procedures and advising companies and individuals, including negotiating with the public authority to reach an agreement on the fair price, also form part of the work done by our firm.

Others

As a firm specialising in administrative law our services are not limited to the areas described above and cover all sectors in which the public authority has a clear impact, such as energy generation and distribution, extraction activities, commercial facilities, entertainment and recreational activities and public establishments, pharmacies, subsidies and other public aid, and the tourism industry, among others.