Management of Public Administration

derecho público

Both Public Administrations and contractors for the management of public services often require expert guidance, be it preventive or reactive, in their relationships.

The decisions of Public Administrations related to the implementation of public services or to the change in their management form implies the need to process the corresponding case files, including those of affectation or disaffection of goods. They can also be asked about matters related to mandatory intervention in a service, or regulation of a de facto public service provider or one not involving an enabling mandate. Additionally, often studies are necessary regarding the tariff structure applicable to the different forms of public service management.

On the other hand, the companies providing these services may be affected by the decisions of the Administration or may, at times, request modifications of the contract to restore the financial viability of operations. The expert advice provided at such a time must guarantee the correct fulfillment of the contractual obligations of the parties as well as respect for the rights of the contractor.

Our firm provides expertise and guidance regarding all these matters, as well as any others that fall within the scope of providing a public service.

• Administrative case work related to service delivery and to changes in management method and practice, reincorporation as a public service, including processing of case work relating to a de facto public service provider or one not involving an enabling mandate.
• Guidance for local authorities on service contracting, both in the preparation of the contract and the ensuing relationships with public service concessionaires, and case work for contract modification and/or intervention in the public service.
• Guidance for companies managing public services (private, public and mixed) in different phases: challenge and defense of their adjudications in the courts, drafting of management contracts, monitoring of the subsequent execution of said contracts, and so on.
• Legal advice regarding the prices to be paid by users of public services.
• Study of the tariff structures in concession contracts and other aspects of public service management: case work for the approval of tariffs before the City Council and the Pricing Commission, case work for requesting a review of pricing due to the financial unviability of a concession.
• Case work involving the affectation and disaffection of goods.