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In the field of public law Andersen has wide experience and provides specialist legal advice, both to private individuals and companies and the public authorities and the public sector.
Our advice includes writing reports, taking part in negotiations, drafting contracts, as well as providing legal defence to our clients in all administrative proceedings as well as in contentious-administrative files in the different scopes of our practice (urban planning, public contracts, compulsory expropriations, public service, administrative organization and local governing rules, assets held by public administrations, subsidies, infrastructures, regulated sectors, etc.).
Specifically, we have extensive experience delivering recurrent advice to public authorities and other public-sector entities in matters related to their organization and functioning, drafting laws and regulations, managing their proprietary assets, and in matters relating to their personnel.
In public sector contracting matters, we assist public administrations and public entities by drawing up contract instructions, including terms and conditions sheets, advising in public contracts bidding and execution. In the private sectors, we advise bidders in their submission of bids, the execution, amendment and termination of contracts, and when challenging bidding decisions, also assisting in court where necessary.
In regulated sectors, we have extensive experience in many Administrative Law areas, including water, coasts, energy, mining, telecoms, tourism and transportation.
We advise also in cases involving compulsory expropriation, liability, public aids and, generally, in all areas of Regulatory Law.
Public services
Public procurement
- Preparation of reports and legal opinions on the regulations governing public procurement.
- Proceedings before the public authorities and in the administrative law courts.
- Due Diligences.
- Preparation of individual procurement specifications.
- Classification procedures.
- Legal advice for the implementation of models of private sector involvement in the development of public infrastructure projects (PSI).
- Special appeals in public procurement matters.
Compulsory purchase
- Preparation of reports.
- Legal representation in compulsory purchase procedures.
- Proceedings before the public authorities and the courts.
- Advice in dealings with local compulsory purchase boards in determination of compensation.
- Advice and handling of appraisal reports in compulsory purchase procedures.
- Attendance at initial hearings and negotiation of agreements.
- Advice on drafts of joint valuations.
- Advice to beneficiaries of compulsory purchase orders.
- Advice on revaluation procedures.
- Advice on reversion procedures.
Infrastructures
- Preparation of individual procurement specifications.
- Representation before the public authorities in bidding procedures.
- Experience in projects for highways, railways, ports, airports, public buildings, hospitals, energy recycling plants, etc.
Claims for damages against the public authorities
- Preparation of reports.
- Claims for damages before the public authorities.
- Proceedings before the public authorities and the courts.
Regulatory Law services
In regulatory matters we have experience in matters of water resources, coasts, ports, transport, telecommunications, energy, health, trading, etc.
- Preparation of reports on specific matters.
- Processing of permits, authorisations and concessions.
Andersen provides legal advice on environmental matters, advising on the obtaining of environmental permits and authorisations, the carrying out of Due Diligences and also provides auditing services to clients reviewing their legal-environmental position or providing environmental impact studies, the introduction and operation of integrated waste management services, etc.
Professionals
Publications
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The Madrid Regional Ministry of Transport will invest 3.5 billion euros over the next five years to improve the region's transport network | News | Public and Regulatory LawAndersen analyses the main challenges and projects of the transport policy of the Community of Madrid in a seminar with the Regional Minister of Transport and Infrastructure of the Community of Madrid, David Pérez García
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Andersen advises eCombustible Energy in the development of hydrogen plants to supply fuel to Grupo Pamesa | News | Public and Regulatory LawThe US company will generate hydrogen-based fuel that will allow the ceramics company to progressively replace the natural gas used in its furnaces
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Andersen strengthens its position in Chambers with eight departments and 15 leading professionals in the Chambers Europe 2022 ranking | News | Corporate Compliance | Culture, Sports & Entertainment | Banking and Finance | Tax | Employment Law and Social Security | Corporate Law and M&A | Litigation | Public and Regulatory Law | Urban Planning and Environmental Law | Environment and Sustainability | Restructuring and InsolvencyThe 2021 edition of Chambers & Partners highlights the firm in the areas of Corporate/M&A, Dispute Resolution, Employment and Tax and, for the first time, Public Law, Planning, Corporate Compliance and Environment
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Raw materials supply: more uncertainty for public tenders | News | Public and Regulatory LawJosé Vicente Morote analyses in Expansión the critical situation for public sector contractors due to the damages generated by the pandemic and the new legal storm derived from the increase in the prices of raw materials and energy.
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Spain moves towards the circular economy: imminent approval of the new law on waste and contaminated soils and start of the new royal decree on packaging and packaging waste | Publications | Public and Regulatory Law | Environment and SustainabilityKeys to the legal framework in Spain on Waste and Contaminated Land in the face of social demand to reduce the growing generation of waste and its polluting effects on the environment
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Andersen incorporates Partner Pedro Rubio to strengthen the Public and Regulatory Law practice area | News | Public and Regulatory LawThis incorporation consolidates the area as a reference within the firm and reinforces its will to continue growing with top quality professionals
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Financing Projects for Economic Recovery: leveraging European Funds | News | Public and Regulatory LawAndersen organised, together with the Fundación de Estudios Bursátiles y Financieros this webinar to discuss the latest developments related to European funds for economic recovery
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Andersen improves its ranking in The Legal 500 with nine top areas and new individual recognitions | News | Agrifood | International Arbitration | Banking and Finance | Tax | Real Estate | Employment Law and Social Security | Corporate Law and M&A | Litigation | Public and Regulatory Law | Restructuring and InsolvencyThe firm is ranked in the "Industry focus: Food" area and Ignacio Aparicio is included as Leading Individual in the "Corporate, Commercial and M&A" area.
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Green hydrogen: regulatory challenges | News | Public and Regulatory Law | Urban Planning and Environmental Law | EnergyAchieving the goal of decarbonisation of the European economy by 2050 will require the massive use of technologies based on the use of hydrogen from renewable sources over the coming decades
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Andersen Appoints José Vicente Morote as New Member of Global Board of Directors | News | Agrifood | Real Estate | Public and Regulatory Law | Urban Planning and Environmental Law
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Next Generation EU Funds: the Recovery and Resilience Mechanism as a key tool for Member States' economic recovery and transformation | News | Anti-Trust Law and European Union Law | Public and Regulatory LawAndersen held a webinar with representatives of the European Commission and the Permanent Representation of Spain to the European Union to analyse the state of play of the implementation process of the Recovery and Resilience Mechanism.
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The EU requires that 70% of non-reimbursable financial aid from European funds be committed by 2022 | Publications | Public and Regulatory LawThe Regulation creates the Recovery and Resilience Mechanism with the objective of providing financial assistance to Member States to achieve the reforms and investments set out in the national recovery and resilience plans
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The TSJCV recognises the right to retroactively receive the horizontal career allowance for Generalitat interim staff | News | Public and Regulatory LawThis is a pioneering ruling for the interim staff of the Regional Ministry of Health, the result of the work carried out by Andersen's administrative law team, which opens the door for interim public employees to claim payment of the salary supplements they have not received over the last four years
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Unmanned aircraft and urban air mobility | News | Public and Regulatory LawRodolfo Gilmartín analyzes the European regulations on civil Unmanned Aircraft Systems (UAS) that will soon be applied in Spain
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Adapting airports to the new situation | News | Public and Regulatory LawGiven the situation of the airports due to the pandemic, In La Razón Miguel Nieto explains that closing an airport is very expensive and that, since the airport network is already designed, the terminals should be used instead
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The Supreme Court certifies the Wanda Metropolitano and establishes doctrine | News | Public and Regulatory LawIn El Independiente Antonio Ñudi analyses the recent ruling by the Supreme Court on 21st October 2020 endorsing the urban plan for the Wanda Metropolitano, which was annulled by the Supreme Court of Justice
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The Impact of COVID-19 on Administrative Law Institutions | News | Public and Regulatory LawAndersen's Public and Regulatory Law team publishes a book on the Impact of COVID-19 on Administrative Law Institutions
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The Supreme Court questions the legality of sanctions imposed in proceedings in which non-civil servants have been significantly involved | Publications | Public and Regulatory LawRegarding the Supreme Court's Ruling No. 1160/2020
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The Air Europa bail out without acquiring an interest, the option that most benefits Iberia | News | Public and Regulatory LawMiguel Nieto analyses the bailout options for Air Europa and explains that if the State were to acquire an interest, it would increase the value of the company and, consequently, the cost of the operation for Iberia, in Vozpópuli
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The deadline for waiving applications and permits for access and connection ends | Publications | Public and Regulatory LawRegarding Royal Decree-Law 23/2020 of 23rd June, which approves measures in the field of energy and other areas for economic recovery and establishes that 25th September will be the deadline for renouncing applications and permits for access and connection, without the seizure of guarantees
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Andersen welcomes Arancha Bengoechea as a partner in the Public and Regulatory Law area in Madrid | News | Public and Regulatory LawBengoechea joins forces with José Miguel López García, formerly of PwC, and will strengthen the firm's environmental area
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Legal loopholes will make it difficult to collect fines for going without a mask | News | Public and Regulatory LawCarlos Morales analyses the legal loopholes that will make it difficult for administrations to collect the fines they impose for going without a mask
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Emergency analysis of new measures in electricity production | COVID-19 | Corporate Law and M&A | Public and Regulatory Law | EnergyRegarding Royal Decree-Law 23/2020 of 23rd June approving measures in the field of energy and other areas for economic recovery
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A (belated) push for faster licensing | News | Public and Regulatory LawFast permits for construction are an facilitating measure, although it comes with a certain delay and could come up against the discretion of some municipalities
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ERTE workers who refuse to rejoin can be dismissed | COVID-19 | News | Public and Regulatory LawAlfredo Aspra analyzes the decision of the Madrid High Court of Justice (TSJ) of Madrid
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Resumption of tendering deadlines and improvements in the regulation of public contracts | COVID-19 | Public and Regulatory LawRegarding 5th May Royal Decree-Law 17/2020, approving measures to support the cultural sector and of a tax nature to deal with the economic and social impact of the COVID-2019
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Further adjustments to the simplified open procedure of the Public Contracts Act | COVID-19 | Public and Regulatory LawRegarding 28th April Royal Decree Law 16/2020 on procedural and organisational measures to deal with COVID-19 in the scope of the administration of justice
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Main measures in the administrative and public procurement fields included in Royal Decree Law 15/2020 | COVID-19 | Public and Regulatory LawRegarding Royal Decree-Law 15/2020 of 21st April on urgent supplementary measures to support the economy and employment
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Uncertain times for public contractors | News | Public and Regulatory LawJosé Vicente Morote and Silvia del Saz explain in Expansión that the public sector and its contractors are suffering from the paralysis of their activity in non-essential sectors
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Application of recoverable paid leave in the industrial sector | COVID-19 | Public and Regulatory LawAnalysis of the Ministry of Industry, Trade and Tourism explanatory note on the application of the recoverable paid leave approved by RD-Law 10/2020 of 29 March in the industrial sector
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Main measures in relation to extension and the calculation of administrative deadlines arising from COVID-19 | COVID-19 | Public and Regulatory Law31st March Royal Decree-Law 11/2020, adopting additional urgent measures in the social and economic field to deal with COVID-19
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Main measures on public procurement in relation to COVID-19 adopted by Royal Decree Law 11/2020 | COVID-19 | Public and Regulatory Law
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The pillars of Madrid Nuevo Norte | News | Public and Regulatory LawAntonio Ñudi analyses the project in an article published by El Independiente
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COVID-19 | Administrative measures | COVID-19 | Public and Regulatory LawPractical view of the developments introduced by RD 463/2020, Royal Decree Law 7/2020 of 12th March and Royal Decree Law 8/2020 of 17th March on urgent exceptional measures to deal with the economic and social impact of the COVID-19
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Experts in public procurement ask the Administrations to expedite payments of pending debts to provide liquidity to companies | News | Public and Regulatory LawJosé Vicente Morote analyses public procurement in view of the state of alert generated by the coronavirus crisis
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Compensation following the requisition of property or rights of individuals due to the state of alert | COVID-19 | Publications | Public and Regulatory LawAnalysis of the compensation following the requisition of property or rights of individuals due to the state of alert
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Main public law and regulatory measures in relation to COVID-19 adopted by Royal Decree Law 8/2020 | COVID-19 | Public and Regulatory LawRegarding Royal Decree-Law 8/2020 on urgent extraordinary measures to deal with the economic and social impact of COVID-19
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Companies against Covid-19 II | Publications | Employment Law and Social Security | Litigation | Public and Regulatory LawOn March 6th, we were preparing to analyse the legal contingencies that companies should consider in relation to Covid-19. Now, a few days later and amid a health emergency, we are preparing to analyse the measures adopted by the Government this past weekend
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Energy experts call for ambitious regulatory measures to reach 2030 target | News | Tax | Corporate Law and M&A | Public and Regulatory LawThe Declaration on the Climate and Environmental Emergency in Spain includes programmatic measures but does not improve the regulation that facilitates investment and allows the execution of these measures. The autonomous regions should take advantage of the regulatory margin they have to facilitate the framework of the procedure and be able to achieve the EU's objective
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What about Iberia after Brexit? | News | Public and Regulatory LawMiguel Nieto explains that EU regulations allow free traffic in member countries only for EU companies in Vozpópuli, while the rest must operate under an international agreement with Brussels
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Ex-law amendments to public sector contracts (I): Supplementary supply | News | Public and Regulatory LawCarlos Morales analyzes in the Observatorio de Contratación Pública the new regulation of the contractual modifications of the Law 9/2017 on public sector contracts
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Will August 2020 be a holiday month? Focus on the Supreme Court's Order of October 28, 2019 | Publications | Public and Regulatory LawWith regard to the appeal (No 5041/2019) against the order of the Administrative Chamber of 4 April
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Legaslative hyperactivity in the City Councils | News | Public and Regulatory LawJosé Vicente Morote analyses the regulatory hyperactivity of local councils in recent months and points out that they currently have a more political and innovative profile, which is generating greater conflict
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Energy y tourism: motors of the Spanish economy in 2020 | News | Public and Regulatory LawJosé Vicente Morote analyses the outlook for retail and logistics on the sectors that will act as drivers of the economy in 2020
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Professionals from the sector participate in the XII Conference on Renewable Energies | News | Public and Regulatory LawMiguel Nieto participates in the XII Conference on renewable energies organized by the Polytechnic University of Valencia
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Empty Spain runs out of medicines: lack of aid puts rural pharmacy in danger of extinction | News | Public and Regulatory LawCarlos Mínguez analyses the measures to be taken by the future government to guarantee the viability of rural chemists in Vozpópuli
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Comparative Legal Guide Spain: Construction (2nd edition) | News | Public and Regulatory LawJosé Vicente Morote analyzes the practice of construction law in a variety of jurisdictions in a guide published by The Legal 500
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Regeneration and urban renewal as the cornerstone of new urban planning | News | Public and Regulatory LawAndersen Tax & Legal holds the second edition of the urbanism forum in the Valencia office
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The CNMC declares that the date that determines the capacity of an installation in the transport network is that of sending the request to the sole interlocutor node. (IUN) | Publications | Public and Regulatory LawIn relation to the Resolution of the conflict of access to the electricity network of Spain, S.A., motivated by the refusal given to a request for access (Expte. CFT/DE/056)
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The mobility revolution and its required good governance | News | Public and Regulatory LawCarlos Mínguez and Carlos Morales analyze current mobility policies in an article published in the newspaper El Economista
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Carlos Mínguez asserts that innovation generates many business opportunities | News | Public and Regulatory LawCarlos Mínguez participates in the IV Industrial Forum Comunitat Valenciana "Innovation and sustainability" organized by El Economista
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Sustainable and efficient mobility requires formulas for public-private collaboration | News | Public and Regulatory Law | Urban Planning and Environmental LawConcern about climate change has led to the emergence of new forms of urban mobility that are more environmentally respectful, affecting both public and private sector companies. The implementation of an effective mobility strategy requires the coordination of the different administrations.
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The crisis of rural pharmacies: obsolescence of the legal framework, precarious employment and economic inefficiency | News | Public and Regulatory LawCarlos Mínguez and Patricia Mendilibar analyze in the newspaperfarma the crisis that are suffering the rural pharmacies affected by "España vacía" (Empty Spain)
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The Central Administrative Court admits the indirect challenge of the Sheets in cases of nullity of full right | Publications | Public and Regulatory LawConcerning TACRC Resolutions 25 July 2019, rec. no. 70/2019 and 28 October 2019, rec. no. 904/2019
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The SAE celebrates 75 years of the Chicago Convention | News | Public and Regulatory LawMiguel Nieto participates in the 75th Anniversary of the Chicago Convention organized by the Spanish Aeronautical Society
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The Supreme Court declares that public procurement law applies subsidiarily and complements the regulations governing mining tenders | Publications | Public and Regulatory LawRegarding the Supreme Court's Judgment of October 22, 2019
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The Supreme Court sets doctrine and recognizes the right of interim civil servants to receive the career supplement retroactively | Publications | Public and Regulatory LawRegarding of the Supreme Court's decision of 29 October 2019
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Adaptation of Art. 34.8 of the Statute of Worker’s Rights | Publications | Public and Regulatory LawRegarding the Judgment of the Labour Court of October 30, 2019
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LOTUP Amendment Extends Scope of Responsible Declaration to Simplify Urban Procedures | News | Public and Regulatory LawThe Decree that the Consell foresees the imminent approval will imply a simplification of the urbanistic procedures relative to the obtaining of the corresponding authorizing urbanistic titles that legitimize, in general, the execution of works and implantation of uses
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What risks will Air Europa run with the Brexit now that it is becoming Iberia’s? | News | Public and Regulatory LawMiguel Nieto explains in Vozpópuli that the fact that IAG is listed on the Stock Exchange makes it difficult to identify whether its shares are mostly in community hands.
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The EU seeks to shield the single market from Brexit | News | Tax | Corporate Law and M&A | Public and Regulatory LawThe UK's exit from the EU without an agreement will involve the application of customs and new controls with a considerable increase in costs for the movement of goods and services and delays in transport. An orderly Brexit would make it possible to maintain relations and business by applying international regulations in agreements, mergers, restructurings or insolvencies.
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Rethinking the incident of nullity of actions without further delay | News | Public and Regulatory LawSilvia del Saz analyses the need to reconsider the incident of nullity of actions in an article published by Actualidad Jurídica Aranzadi
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Andersen Tax & Legal in Spain Welcomes Partners Carlos Mínguez and Belén Palao | News | Tax | Public and Regulatory LawThe BLN Palao Abogados team has been incorporated as part of the firm's commitment to the specialization and reinforcement of this area which is considered strategic in the coming years. Carlos Mínguez joins the firm from Uría Menéndez toghether with three lawyers and he will lead the Pablic Law department in the Valencia office
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The transport sector faces major challenges of sustainability, digitisation and harmonisation of regulations | News | Public and Regulatory LawThe Secretary General for Transport stresses that public managers must be aligned with international demand and put society and economic agents at the centre of policies
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Professionals from the sector present the latest trends in the national health field | News | Public and Regulatory LawMiguel Nieto participates in the VII Conference on health service technology in which he affirms the need to provide health managers with better management tools.
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The Digitization in purchasing processes only reaches 31% of Spanish companies | News | Public and Regulatory LawMiguel Nieto participates in a conference on Compliance and Good Purchasing Practices in which it becomes clear that a non-computerised company is incapable of complying with the rules.
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The Legal 500 reinforces Andersen's position in its 2019 ranking with seven outstanding areas | News | Banking and Finance | Tax | Real Estate | Employment Law and Social Security | Corporate Law and M&A | Litigation | Public and Regulatory LawThe international guide includes the firm in the classification of Commercial, Tax, Procedural, Labor, Public Law, Banking and Financial and Real Estate
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LOTUP reform, a new and comprehensive approach | News | Public and Regulatory Law | Urban Planning and Environmental LawConference on the modification of the LOTUP, its current situation and perspectives of urbanism in the Valencian Community, organized by Andersen Tax & Legal.
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Jorge Ortiz, winner of the award of Section 17 of Urbanism by ICAM | News | Public and Regulatory Law | Urban Planning and Environmental LawFirst edition of the 'Section Awards 2018' organised by the Madrid Bar Association (ICAM)
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Tourist apartments need a coordinated regulatory framework | News | Real Estate | Public and Regulatory LawAntonio Ñudi and Jorge Ortiz on a regulatory framework that provides tourist apartments enough legal certainty
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The regulation on apartments and dwellings for tourist use must defend users, respect neighbours and ensure free competition | News | Public and Regulatory LawConference on the new regulation of apartments and dwellings for touristic use
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José Vicente Morote analyses non-taxable public asset profits | News | Public and Regulatory LawConference on the Public Sector Contracts organized in Alicante by the Official Association of Industrial Engineers of the Comunidad Valenciana
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José Vicente Morote analyses the regulation of administrative titles in an ICAV conference | News | Public and Regulatory LawJosé Vicente highlights the positive overall balance of the impact of the Bolkestein Directive on the simplification of formalities and the removal of barriers to the performance of activities
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Decree on Internal Control in Local Public Sector Entities | News | Public and Regulatory LawOn 1 July 2018, Royal Decree 424/2017 of 28 April 2018 came into force, regulating the legal regime of internal control in local public sector entities, approved by the Council of Ministers on 28 April 2017, with the aim of covering a need for transparency that is overwhelmingly evident in our society
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Concerted Action, on Trial Before the European Union | News | Public and Regulatory LawThe Spanish Private Health Alliance (ASPE) has filed a complaint with the European Commission against Law 7/2017, on 30th March, of the Generalitat, on concerted action for the provision of services to people in the health sector
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Andersen Tax & Legal strengthens its position in the ranking of The Legal 500 with six highlighted areas | News | Banking and Finance | Real Estate | Employment Law and Social Security | Corporate Law and M&A | Litigation | Public and Regulatory LawThe editorial includes the firm in the Corporate, Banking & Finance, Dispute Resolution, Employment, Public Law and Real Estate areas of the ranking
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The cadastral value may generate an over taxation in the taxes it affects | Events | Tax | Public and Regulatory Law | Urban Planning and Environmental Law
Conference: The review of cadastral values to optimise property taxation
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Who pays for the judicial consequences of political tension? | News | Public and Regulatory Law
Carlos Primo and Carmen Fernández analyse the judicial consequences of political tension
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The new Public Procurement Law requires rigorous enforcement by Administrations to maximize resources | Events | Public and Regulatory Law
Conference on public procurement organised by the FVMP
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Andersen Tax & Legal strengthens the area of Real Estate and Urban Planning Law with the incorporation of Urbe Asesores Jurídicos | News | Real Estate | Public and Regulatory Law
Antonio Ñudi and Carlos Peña join as partners of the firm
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Labour aspects of the new Public-Sector Contracts Law | News | Public and Regulatory Law | Employment Law and Social Security
Belén Conthe and Álvaro del Castillo analyze labor aspects of the new PSCL
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Analysis of the Judgment of the ECJ of 7 December 2017 (Case C-329/16), which clarifies when a computer program is a medical device | Publications | Public and Regulatory Law
Raquel Enciso analyses the judgement of the Court of Justice of 7 December 2017 (Case C-329/16), which clarifies when a computer program is a medical device
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"SMEs will have easier access to public procurement." | News | Public and Regulatory Law
Interview with José Vicente Morote and Antonio Benítez on the new Public-Sector Contracts Law
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Recruitment in Public Companies | News | Public and Regulatory Law
José Vicente Morote on the new Public-Sector Contracts Law
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Greater transparency in public sector contracts | News | Public and Regulatory Law
José Vicente Morote analyses the new Public-Sector Contract Law
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The Principle of minimum intervention in Administrative law | News | Public and Regulatory Law
José Vicente Morote participates in the drafting of the Monograph on the laws 39/2015, Common Administrative Procedure of Public Administrations and 40/2015, Legal Regime of the Public Sector
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The jurisprudential configuration of the regional cassation appeal | News | Public and Regulatory Law
Courts provide answers to questions on the contentious-administrative cassation appeal following its amendment in the Third Final Provision of Organic Law 7/2015 of 21 July
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Increase in claims against the Catalonian Health Service (CatSalut) for non-payment to pharmacies | News | Public and Regulatory Law
The rulings in favour of individual claims are growing, and the Association of Pharmacists of Barcelona has one claim pending a ruling by the courts.
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