The Garrigues Administrative and Constitutional Law service provides integral, multidisciplinary legal advice on all aspects of these disciplines. We work with a broad range of sectors (public procurement; public services and infrastructure; planning, zoning and housing; domestic trade and consumer affairs; gambling; energy; transportation; banking supervision; healthcare and life sciences; audit of accounts; public property, postal services and logistics, etc.).
We are a mature department, the largest among the major law firms in Spain, made up of administrative and constitutional law professionals based in Europe and Latin America. We are recognized in the market and by our clients for our technical excellence and in-depth knowledge of administrative law and regulations (at European, domestic, regional and local level), and our sizeable local presence in the different regions of the countries where we operate.
Our constant interaction with the rest of the firm’s services allows us to analyze all matters, transactions and complexities from an integrated, global, territorial and multidisciplinary perspective, taking in all relevant legal aspects.
We provide administrative and constitutional law advice to private companies (from startups to major corporations) in practically all economic sectors, financial institutions, foundations, associations, federations, public law corporations, third sector entities, as well as public authorities and other public sector entities.
One of our hallmarks is our vast experience in all types of administrative procedures and appeals, including those in the judicial review jurisdiction, before courts at all levels and in all areas of our activity.
Our people frequently feature in the top positions of the main international rankings, both as part of the team and individually, and in terms of the number of recommended practitioners, and are committed to excellence in advisory services in the Spanish, Portuguese and Latin American market.
Our services
Administrative proceedings and judicial review appeals
- Administrative proceedings and appeals before public sector entities.
- Reports and legal opinions on procedural matters.
- Legal assessment of the viability of taking court action.
- Legal assistance at all instances.
- Preparation and filing of cassation appeals.
Administrative penalties
- Defense in all types of penalty proceedings, particularly those brought by supervisory authorities (CNMC, CNMV, ICAC, Bank of Spain, etc.).
- Legal assessment of potential risks and liability.
Public procurement
- Tenders.
- International projects.
- Challenge, interpretation, modification and termination of public sector contracts.
- Procedures for financial adjustment, price review and contractual modifications.
- Special appeals in relation to public procurement and judicial review proceedings.
- Sustainable public procurement.
- Design of administrative procedures for the application of new information technologies in public procurement processes.
Infrastructure
- Design and structure of specimen contracts for the financing, construction and entry into service of all types of infrastructure (hospitals, highways, subways, light rail, ports, car parks, etc.).
- International projects.
Public aid and subsidies
- Applications, justification and receipt of public aid and subsidies.
- Next Generation EU funds.
- Financial control and refund procedures.
- Proceedings at the Spanish Court of Auditors.
- Judicial review appeals relating to public aid and subsidies.
Retail trade and consumer affairs
- Reports and legal opinions relating to traditional and e-commerce retail activities (food industry, product safety, labeling, promotions, advertising, etc.).
- Consumer arbitration.
- Defense of consumer and user rights
- Administrative and judicial review proceedings and appeals, particularly in relation to penalties and consumer claims.
Transportation and logistics
- Ongoing advisory services to holders of land, rail and air transportation concession
- Logistical services, particularly those relating to e-commerce (regulations governing carriage of goods, postal services, urban mobility restrictions, loading and unloading of goods, logistical platforms, product packaging, etc.).
- Tenders
- Legal assistance in judicial review proceedings.
Regulated sectors and sectors subject to administrative supervision
- Requirements and enabling instruments for specific sectors such as the securities market, banking supervision, gambling, tobacco markets audit of account, etc.
- Advice and legal assistance in administrative and judicial review proceedings, particularly in penalty proceedings (CNMC, CNMV, ICAC, Bank of Spain, etc.).
Electricity and oil & gas sectors
- Authorizations, concessions, notifications and other enabling instruments in the electricity and oil & gas sectors. Scope and fulfillment of requirements and obligations for the pursuit of deregulated electricity generation and retailing activities and regulated transmission and distribution activities.
- Sale and purchase of assets and acquisition of stakes (including foreign investments) in the energy sector.
- Regulatory aspects in corporate restructurings of energy business groups.
- Regulations governing nuclear power plants: enabling instruments, storage facilities, management of spent fuel, supervision by the Nuclear Safety Council, etc.
- Legal due diligence reviews linked to the sale and purchase of assetss and companies involved in the generation (conventional fossil-fuel, combined cycle and hydroelectric plants), transmission and distribution of electricity.
- Administrative procedures and proceedings before industry regulators (CNMC, competent ministries and regional government departments, etc.) and resulting legal proceedings.
- Electric mobility, electric vehicle charging stations and services.
- Electricity supply conditions and electro-intensive industrial consumers statute.
- Establishment of district heating and cooling systems.
- Operating rules in the wholesale electricity market.
Administrative law compliance
- Preparation and review of compliance programs covering all aspects of the activities of public sector entities.
- Self-correction measures in public procurement legislation.
Public law corporations
- Creation, organization and operation.
- Ongoing advisory services.
- Issue of reports and legal opinions.
- Legal defense in judicial review and constitutional matters.
Public property and special properties
- Structuring of legal transactions involving public property.
- Obtainment of enabling instruments for the use of special properties (woodland, mines, coastlines, etc.).
- Procedures for recording public rights of way and delimiting livestock trails.
- Administrative and judicial review proceedings, including penalty proceedings.
Constitutional law
- Preparation of reports and legal opinions on constitutional matters (fundamental rights, jurisdictional challenges, etc.).
- Legal assistance in proceedings for protection of constitutional rights before the Constitutional Court.
- Legal assistance in special appeals for the defense of fundamental rights in the ordinary jurisdiction
Draft legislation
- Preparation of preliminary bills at national, regional and local level..
- Filing of submissions at the preliminary consultation and public information stages
- Monitoring of processes for passage of laws n the administrative jurisdiction and through parliament.
Global head
+34 91 514 52 00
Other Garrigues services
Publications
Spain: Publication of royal decree governing the management of waste of tobacco products with filters and of filters
The new legislation develops for this waste stream the extended producer responsibility scheme provided for in the Waste Law and imposes obligations on public authorities and economic operators.
Garrigues Sustainable Newsletter - October 2024
In this newsletter we compile the most relevant legal news on ESG matters in Spain, published by Garrigues and G-advisory.
Spain: The new regulations on water reuse regulate the production, supply and use of reclaimed water
The fundamental objectives of the legislation is to guarantee the quality and safety of reclaimed water for the environment, human health and animal health, promote reuse and contribute to meeting water demands in a sustainable manner, reducing…
The CJEU interprets the requirements for the use of the organic production logo of the European Union
It concludes that a food product imported from a third country may only carry the EU organic production logo if it complies with EU legislation, regardless of whether the rules on production in that country are recognized as equivalent.