Public Law and Regulatory
Our department for public law and regulatory issues combines our advisory services in all fields of public and administrative law relevant for our clients.
Our modern industrialized world with all its trades and industries is more or less “regulated” in every respect; our clients are subject to regulation and enforcement, they are closely monitored by authorities, and they have to obtain permits and licenses for their activities. Business activities with the public sector are subject to special laws. Public procurement law serves as “rules-of -the-game” for the acquisition of goods and services for the public sector. EU laws on state aid represent a special field of European competition law which is meant to prevent that subsidies are granted to those who do not deserve them.
In this broad field our specialized lawyers of the Public Law Department are active every day. We negotiate for our clients with public bodies, pursue administrative and court procedures and assist in various construction, development, infrastructure and procurement projects. We collaborate with our colleagues of other departments of SKW Schwarz to combine experience in other sectors with our expert knowledge of administrative laws.
We have developed four sectors of expertise which we focus our activities on:
Public Procurement Law
Public Procurement Law Public procurement law has undergone dynamic changes in the last years, in particular driven by the European Court of Justice. What once appeared indisputable may be obsolete or contradicted the next day. Quick reaction, keeping pace with the latest developments and maintaining deep expert knowledge are the foundations of our successful advice to clients in procurement matters.
We possess many years of expertise on the sector of public procurement and know what is important for the awarding authorities as well as for the bidders. We take care that the requirements for the contract award are structured clearly and concisely in compliance with the rules of procurement law.
Public Planning and Construction Law
Our Practice Group Public Planning and Construction Law is a joint Practice Group of the Public Law and Real Estate Departments with the following focus sectors:
The modern city is the habitat for the predominant part of Germany’s population and the same is true in the international context. More than 50% of the world’s population lives in cities. Mobility and urbanity are developed and driven by intelligent planning and a reasonable principle of co-existence. Infrastructure for energy and telecommunication make the city accessible as a place to live and to work. Cities and their development require planning. For this purpose the experience and competence of expert advisors, such as town planners, architects and lawyers is required. We belong to this team and collaborate with the other expert members hand in hand to develop, together with our clients, their part of urban life.
Our areas of expertise: neighbour law, town and country planning, development contracts, zoning procedures, modern forms of urban developments (business improvement districts), transport law.
Cities which make life worth living are a mixture of modern times and the heritage of centuries past. Construction history mingles with requirements of modern life-styles. Our clients strive to pay respect to the necessities of modern urbanism as well as to the cultural heritage. The architect collaborating with the experienced lawyer will find appropriate solutions how contemporary construction philosophies match with structures worth being protected.
Our areas of expertise: laws on the protection of historic monuments, nature conservation law, urban design and conservation statutes.
Public Safety.Public Order.Law
Urban life means a certain degree of daily risks and conflicts. Numerous laws shall protect lives and health of citizens as well as valuable assets. Environmental protection in construction projects means use of pollutant-free products, energy efficiency and sustainability during design, procurement and construction. Our clients are searching for a reasonable compromise between health & safety, environmental protection and construction economy. We collaborate with architects and engineers in defining such ideal compromises in discussions with authorities and regulatory bodies.
Our areas of expertise: construction law, fire protection, health & safety protection, environmental law, legal compliance.
From the idea sketched on the drawing board to the opening ceremony it is a long way to go. A project requires “development” in the basic sense of the word. Owning a piece of land does not suffice to be allowed to build on it. Infrastructure must be connected. A development plan defines and structures the project. Contracts with the local council and with utilities safeguard that the “right to build” is procured in due time. We assist our clients throughout the whole process of project development as long as necessary and to the extent required. We “buckle down” to receive the permits, and we talk to the representatives of the authorities, of the neighborhood and of local politics. Projects need communication, hard work and, of course, a lot of experience.
Our areas of expertise: Town an country planning including project development plans, federal and state infrastructure laws, nature and soil protection laws, laws on water and wastewater discharge, infrastructure planning laws.
Public Grants and State Aid
Investments in research and development, modern industries, social projects or innovative technologies are often dependent on state support. Regardless whether European or national support programs or an investor-friendly local government policy provide such assistance – the question comes up inevitably whether such support is in compliance with European laws on state aid control. We are familiar with the relevant jurisdiction on the European level and the current developments “in Brussels”. Furthermore, the procedures on being granted or denied public funds as well as on correct accounting and a proper use of subsidies, including sometimes appeals against revocation of grants, are our daily routine in the Public Law Department.
Environment & Infrastructure
In our modern industry society we consume energy, water and raw materials and make use of natural resources – many of them have only limited availability. Modern and energy-saving supply systems as well as intelligent solutions for efficient consumption and re-use of materials require innovative ideas – also in the legal framework. We develop contract systems and assist our clients in the underlying administrative procedures. We advise in infrastructure planning projects and in procedures related to fees and charges for the use of public infrastructure to achieve reasonable and appropriate solutions. We advise in permit application procedures and enforcement cases in environmental and H&S-procedures.