Home / Practice Areas / Public and Regulatory

Public and Regulatory

Areas of expertise
  • Public Procurement
  • Issuance of opinions on specific issues.
  • Energy
  • Expropriations
  • Public Financing: grants and subsidies
  • Infrastructures
  • Environment and Climate Change
  • Public Administration Liability
  • Processing of different permits, authorizations and administrative concessions.
  • Town planning

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 in the administrative law 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 in the administrative law 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.

Related publications

Andersen appoints five new Professional Partners and three new Partners Employment, Tax, Corporate and M&A, Public and Regulatory, Litigation and Arbitration Federico Belausteguigoitia, Pedro Rubio and Miguel Prado are the new Quota Partners READ MORE >>
Andersen strengthens its presence in Chambers with 12 departments and 23 recognized professionals Real Estate, Corporate and M&A, Urban planning, Public and Regulatory, Energy & Natural Resources, Culture and Entertainment, Environment, Sustainability and ESG, Litigation and Arbitration, Employment, Tax The Firm incorporates four areas to the ranking: Energy, Venture Capital, Real Estate and TMT: Media; and also adds three new professionals among those recognized: José Vicente Morote, César Morales and José Miguel López. READ MORE >>
Andersen and IE launch Advanced Legal Program on ESG and Circular Economy Tax, Corporate and M&A, Public and Regulatory, Economic and Financial, Litigation and Arbitration It is aimed at lawyers and those responsible for regulatory compliance and sustainability in companies READ MORE >>
Andersen incorporates Antonio Matute and Fernando Beltrán as Tax and Labour Partners in Bilbao Tax, Public and Regulatory, Employment The law firm headed by José Vicente Morote starts its activity in the Biscayan capital with two new partners, joined by Jon Sebastián Garay, who will open the Public and Regulatory area in the office READ MORE >>
Andersen joins Comillas’ Chair of Hydrogen Studies to facilitate the energy transition in Spain Public and Regulatory, Energy & Natural Resources The firm joins forces with the University to help the Spanish economy take advantage of the opportunities offered by hydrogen as an energy vector READ MORE >>
The new Carbon Border Adjustment Mechanism (“CBAM”) | Analysis, implications and impact Tax, Public and Regulatory, Energy & Natural Resources, Customs and Excise Andersen's Public & Tax team analyses the impact and implications of CBAM READ MORE >>
The Madrid Regional Ministry of Transport will invest 3.5 billion euros over the next five years to improve the region’s transport network Public and Regulatory Andersen 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 READ MORE >>
The new Waste Law seeks to boost Spain’s circular economy Public and Regulatory, Environment, Sustainability and ESG Andersen and CEOE have organised the conference 'The new Circular Economy regulation' with the participation of the Government READ MORE >>
Andersen advises eCombustible Energy in the development of hydrogen plants to supply fuel to Grupo Pamesa Public and Regulatory The US company will generate hydrogen-based fuel that will allow the ceramics company to progressively replace the natural gas used in its furnaces READ MORE >>
Andersen strengthens its position in Chambers with eight departments and 15 leading professionals in the Chambers Europe 2022 ranking Employment, Banking and Finance, Tax, Corporate and M&A, Urban planning, Public and Regulatory, Restructuring and Special Situations, Culture and Entertainment, Environment, Sustainability and ESG, Litigation and Arbitration The 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 READ MORE >>
Raw materials supply: more uncertainty for public tenders Public and Regulatory José 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. READ MORE >>
New regulation of Coliving to attract investment Real Estate, Public and Regulatory Antonio Ñudi analyzes the phenomenon of coliving in Spain, its implications and regulation, following the recent publication, together with Carlos Peña, also a partner of the firm, of the book "A space for coliving" READ MORE >>
Andersen incorporates Partner Pedro Rubio to strengthen the Public and Regulatory Law practice area Public and Regulatory This incorporation consolidates the area as a reference within the firm and reinforces its will to continue growing with top quality professionals READ MORE >>
Andersen improves its ranking in The Legal 500 with nine top areas and new individual recognitions Real Estate, Corporate and M&A, Public and Regulatory, Restructuring and Special Situations, Agrifood, Litigation and Arbitration, Banking and Finance, Employment, Tax The 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. READ MORE >>
Green hydrogen: regulatory challenges Urban planning, Public and Regulatory, Energy & Natural Resources Achieving 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 READ MORE >>
Andersen Appoints José Vicente Morote as New Member of Global Board of Directors Public and Regulatory Andersen's Managing Partner in Spain, José Vicente Morote, has been appointed as a new member of the Global Board of Directors of the firm, after being elected by the European Regional Board to serve as one of the firm's representatives in Europe. The Global Board of Directors is Andersen Global's highest governing body, chaired by […] READ MORE >>
Next Generation EU Funds: the Recovery and Resilience Mechanism as a key tool for Member States’ economic recovery and transformation Competition and EU law, Public and Regulatory Andersen 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. READ MORE >>
The EU requires that 70% of non-reimbursable financial aid from European funds be committed by 2022 Public and Regulatory The 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 READ MORE >>
The TSJCV recognises the right to retroactively receive the horizontal career allowance for Generalitat interim staff Public and Regulatory This 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 READ MORE >>
Unmanned aircraft and urban air mobility Public and Regulatory Rodolfo Gilmartín analyzes the European regulations on civil Unmanned Aircraft Systems (UAS) that will soon be applied in Spain READ MORE >>
Adapting airports to the new situation Public and Regulatory Given 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 READ MORE >>
The Supreme Court certifies the Wanda Metropolitano and establishes doctrine Public and Regulatory In 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 READ MORE >>
The Impact of COVID-19 on Administrative Law Institutions Public and Regulatory Andersen's Public and Regulatory Law team publishes a book on the Impact of COVID-19 on Administrative Law Institutions READ MORE >>
Andersen Appoints José Vicente Morote and Íñigo Rodríguez-Sastre as Co-Managing Partners of the Firm in Spain Public and Regulatory, Litigation and Arbitration The move is part of the firm's succession plan, which began with the creation of the Board of Directors, which advises on the selection of the Managing Partners and setting the firm's strategy for the coming years READ MORE >>
The Air Europa bail out without acquiring an interest, the option that most benefits Iberia Public and Regulatory Miguel 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 READ MORE >>
Andersen welcomes Arancha Bengoechea as a partner in the Public and Regulatory Law area in Madrid Public and Regulatory Bengoechea joins forces with José Miguel López García, formerly of PwC, and will strengthen the firm's environmental area READ MORE >>
Legal loopholes will make it difficult to collect fines for going without a mask Public and Regulatory Carlos Morales analyses the legal loopholes that will make it difficult for administrations to collect the fines they impose for going without a mask READ MORE >>
A (belated) push for faster licensing Public and Regulatory Fast permits for construction are an facilitating measure, although it comes with a certain delay and could come up against the discretion of some municipalities READ MORE >>
Uncertain times for public contractors Public and Regulatory José 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 READ MORE >>
The pillars of Madrid Nuevo Norte Public and Regulatory Antonio Ñudi analyses the project in an article published by El Independiente READ MORE >>
Experts in public procurement ask the Administrations to expedite payments of pending debts to provide liquidity to companies Public and Regulatory José Vicente Morote analyses public procurement in view of the state of alert generated by the coronavirus crisis READ MORE >>
Companies cannot require their guards to have a certificate of criminal record Public and Regulatory Alfredo Aspra analyses the illicit processing of personal data considered by the National High Court READ MORE >>
Compensation following the requisition of property or rights of individuals due to the state of alert Public and Regulatory Analysis of the compensation following the requisition of property or rights of individuals due to the state of alert READ MORE >>
Companies against Covid-19 II Employment, Public and Regulatory, Litigation and Arbitration On 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 READ MORE >>
Energy experts call for ambitious regulatory measures to reach 2030 target Tax, Corporate and M&A, Public and Regulatory The 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 READ MORE >>
What about Iberia after Brexit? Public and Regulatory Miguel 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 READ MORE >>
Ex-law amendments to public sector contracts (I): Supplementary supply Public and Regulatory Carlos Morales analyzes in the Observatorio de Contratación Pública the new regulation of the contractual modifications of the Law 9/2017 on public sector contracts READ MORE >>
Legaslative hyperactivity in the City Councils Public and Regulatory José 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 READ MORE >>
Energy y tourism: motors of the Spanish economy in 2020 Public and Regulatory José Vicente Morote analyses the outlook for retail and logistics on the sectors that will act as drivers of the economy in 2020 READ MORE >>
Empty Spain runs out of medicines: lack of aid puts rural pharmacy in danger of extinction Public and Regulatory Carlos Mínguez analyses the measures to be taken by the future government to guarantee the viability of rural chemists in Vozpópuli READ MORE >>
Professionals from the sector participate in the XII Conference on Renewable Energies Public and Regulatory Miguel Nieto participates in the XII Conference on renewable energies organized by the Polytechnic University of Valencia READ MORE >>
Comparative Legal Guide Spain: Construction (2nd edition) Public and Regulatory José Vicente Morote analyzes the practice of construction law in a variety of jurisdictions in a guide published by The Legal 500 READ MORE >>
Regeneration and urban renewal as the cornerstone of new urban planning Public and Regulatory Andersen Tax & Legal holds the second edition of the urbanism forum in the Valencia office READ MORE >>
The mobility revolution and its required good governance Public and Regulatory Carlos Mínguez and Carlos Morales analyze current mobility policies in an article published in the newspaper El Economista READ MORE >>
Carlos Mínguez asserts that innovation generates many business opportunities Public and Regulatory Carlos Mínguez participates in the IV Industrial Forum Comunitat Valenciana "Innovation and sustainability" organized by El Economista READ MORE >>
Sustainable and efficient mobility requires formulas for public-private collaboration Urban planning, Public and Regulatory Concern 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. READ MORE >>
The crisis of rural pharmacies: obsolescence of the legal framework, precarious employment and economic inefficiency Public and Regulatory Carlos Mínguez and Patricia Mendilibar analyze in the newspaperfarma the crisis that are suffering the rural pharmacies affected by "España vacía" (Empty Spain) READ MORE >>
The SAE celebrates 75 years of the Chicago Convention Public and Regulatory Miguel Nieto participates in the 75th Anniversary of the Chicago Convention organized by the Spanish Aeronautical Society READ MORE >>
Ruling rejects that the employer changes the working schedule by 30 minutes Public and Regulatory Alfredo Aspra analyzes the ruling of the TSJPV that rejects that the employer change 30 minutes the working hours in an article published in the newspaper El Economista READ MORE >>
LOTUP Amendment Extends Scope of Responsible Declaration to Simplify Urban Procedures Public and Regulatory The 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 READ MORE >>
What risks will Air Europa run with the Brexit now that it is becoming Iberia’s? Public and Regulatory Miguel 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. READ MORE >>
The EU seeks to shield the single market from Brexit Tax, Corporate and M&A, Public and Regulatory The 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. READ MORE >>
Rethinking the incident of nullity of actions without further delay Public and Regulatory Silvia del Saz analyses the need to reconsider the incident of nullity of actions in an article published by Actualidad Jurídica Aranzadi READ MORE >>
Andersen Tax & Legal in Spain Welcomes Partners Carlos Mínguez and Belén Palao Tax, Public and Regulatory The 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 READ MORE >>
The transport sector faces major challenges of sustainability, digitisation and harmonisation of regulations Public and Regulatory The 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 READ MORE >>
Professionals from the sector present the latest trends in the national health field Public and Regulatory Miguel Nieto participates in the VII Conference on health service technology in which he affirms the need to provide health managers with better management tools. READ MORE >>
The Digitization in purchasing processes only reaches 31% of Spanish companies Public and Regulatory Miguel 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. READ MORE >>
The Legal 500 reinforces Andersen’s position in its 2019 ranking with seven outstanding areas Corporate and M&A, Public and Regulatory, Litigation and Arbitration, Banking and Finance, Employment, Tax, Real Estate The international guide includes the firm in the classification of Commercial, Tax, Procedural, Labor, Public Law, Banking and Financial and Real Estate READ MORE >>
LOTUP reform, a new and comprehensive approach Urban planning, Public and Regulatory Conference on the modification of the LOTUP, its current situation and perspectives of urbanism in the Valencian Community, organized by Andersen Tax & Legal. READ MORE >>
Jorge Ortiz, winner of the award of Section 17 of Urbanism by ICAM Urban planning, Public and Regulatory First edition of the 'Section Awards 2018' organised by the Madrid Bar Association (ICAM) READ MORE >>
Tourist apartments need a coordinated regulatory framework Real Estate, Public and Regulatory Antonio Ñudi and Jorge Ortiz on a regulatory framework that provides tourist apartments enough legal certainty READ MORE >>
Andersen Global Appoints José Vicente Morote as EU Legal Coordinator and Adjunct Member of European Regional Board of Directors Public and Regulatory Morote is also an adjunct board member to the European Regional Board of Directors READ MORE >>
The regulation on apartments and dwellings for tourist use must defend users, respect neighbours and ensure free competition Public and Regulatory Conference on the new regulation of apartments and dwellings for touristic use READ MORE >>
José Vicente Morote analyses non-taxable public asset profits Public and Regulatory Conference on the Public Sector Contracts organized in Alicante by the Official Association of Industrial Engineers of the Comunidad Valenciana READ MORE >>
José Vicente Morote analyses the regulation of administrative titles in an ICAV conference Public and Regulatory José 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 READ MORE >>
Decree on Internal Control in Local Public Sector Entities Public and Regulatory On 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 READ MORE >>
Concerted Action, on Trial Before the European Union Public and Regulatory The 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 READ MORE >>
Andersen Tax & Legal strengthens its position in the ranking of The Legal 500 with six highlighted areas Employment, Real Estate, Corporate and M&A, Public and Regulatory, Litigation and Arbitration, Banking and Finance The editorial includes the firm in the Corporate, Banking & Finance, Dispute Resolution, Employment, Public Law and Real Estate areas of the ranking READ MORE >>
The cadastral value may generate an over taxation in the taxes it affects Tax, Urban planning, Public and Regulatory

Conference: The review of cadastral values to optimise property taxation

READ MORE >>
Who pays for the judicial consequences of political tension? Public and Regulatory

Carlos Primo and Carmen Fernández analyse the judicial consequences of political tension

READ MORE >>
The new Public Procurement Law requires rigorous enforcement by Administrations to maximize resources Public and Regulatory

Conference on public procurement organised by the FVMP

READ MORE >>
Andersen Tax & Legal strengthens the area of Real Estate and Urban Planning Law with the incorporation of Urbe Asesores Jurídicos Real Estate, Public and Regulatory

Antonio Ñudi and Carlos Peña join as partners of the firm

READ MORE >>
Labour aspects of the new Public-Sector Contracts Law Public and Regulatory, Employment

Belén Conthe and Álvaro del Castillo analyze labor aspects of the new PSCL

READ MORE >>
“SMEs will have easier access to public procurement.” Public and Regulatory

Interview with José Vicente Morote and Antonio Benítez on the new Public-Sector Contracts Law

READ MORE >>
Recruitment in Public Companies Public and Regulatory

José Vicente Morote on the new Public-Sector Contracts Law

READ MORE >>
Greater transparency in public sector contracts Public and Regulatory

José Vicente Morote analyses the new Public-Sector Contract Law

READ MORE >>
The Principle of minimum intervention in Administrative law Public and Regulatory

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

READ MORE >>
The jurisprudential configuration of the regional cassation appeal Public and Regulatory

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

READ MORE >>
Increase in claims against the Catalonian Health Service (CatSalut) for non-payment to pharmacies Public and Regulatory

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.

READ MORE >>