Administrative Law
What is administrative law?
Administrative law is the branch of law that regulates the relations between individuals and companies and the Public Administration.
Despite what we may think, this branch of law affects each and every one of us in matters as everyday and commonplace as paying taxes, parking our cars in a car park, or filing a complaint with the local council. Despite whawe may think, this branch of law affects each and every one of us in everyday matters such as paying taxes, parking our car in a regulated parking space, having an accident on the public highway, being the victim of negligence committed by a civil servant or public employee, providing any service to an Administration, or being forced to pay a fine or penalty.
Public Procurement
The legal system governing public procurement aims to regulate public sector contracting in order to ensure that it complies with the principles of freedom of access to tenders, publicity and transparency of procedures, and non-discrimination and equal treatment of tenderers; It is regulated by Law 9/2017 of 8 November on Public Sector Contracts, which transposes Directives 2014/23/EU and 2014/24/EU of the European Parliament and of the Council of 26 February 2014 into Spanish law.
Financial Liability
Any public administration, whether national, regional or local, has an obligation to cover any damages and/or losses caused to a third party by the operation of public services under its jurisdiction. This is done through the institution of financial liability. This type of liability is based on Article 106.2 of the Spanish Constitution, which recognises the right of individuals and companies to be compensated under the terms established by Law 39/2015 of 1 October on the Common Administrative Procedure of Public Administrations and Law 40/2015 of 1 October on the Legal Regime of the Public Sector.
Administrative and Contentious-Administrative Appeals
The contentious-administrative order is based on controlling the legality of administrative activity to guarantee the legitimate rights and interests of individuals and companies against the actions of the Public Administration. Therefore, in order to carry out this control within the administrative jurisdiction, the law establishes what is known as an administrative appeal, which brings before the administrative courts the challenge of express and presumed acts issued by the various public administrations, at the state, regional and local levels.
Compulsory expropriations
Compulsory expropriations consist of the deprivation of private property for reasons of public utility or social interest, in exchange for compensation, which must be calculated prior to the execution of the expropriation. Thus, with few exceptions, all property and rights that can be transferred to third parties because they are part of the trade in goods may be subject to expropriation. This institution, which breaks with the general rule on the right to private property enshrined in the Spanish Constitution, is regulated by the Law of 16 December 1954 on compulsory expropriation.
What we offer
At MUÑOZ DE LA PEÑA ABOGADOS, we have been experts in administrative law since our inception, handling cases involving any issues with local, regional or national government due to decisions with which we disagree, devising strategies and preparing all types of appeals against the various public administrations.
In cases where there is no response from the administration or our administrative appeal is dismissed, we offer legal defence before the contentious-administrative courts, defending the interests of both individuals and companies against the administration.
As specialists in administrative law, some of the most common services we offer include, among other matters:
- Disciplinary proceedings in all their phases, administrative and judicial before the contentious-administrative courts.
- Appeals against all types of administrative decisions.
- Financial liability of the administration (RPA).
- Public sector procurement (Public Sector Contracts Law).
- Claims before the various administrations for breach of contract: Resolutions, Suspensions, Breaches.
Make an enquiry with no obligation
Or, if you prefer, fill in this form and we will contact you as soon as possible:
Muñoz
de la Peña Abogados