Legal Administrative law
The administrative law area of Asegi Abogados processes licences and authorisations, defends companies and individuals in penalty and grant repayment proceedings, acts in public procurement and urban planning, and appeals before the administrative courts against local councils, Provincial Councils, the Basque Government and the State administration.
What's included
- Application for, modification and renewal of activity and building licences and of sector authorisations
- Submissions and appeals in penalty proceedings and in grant repayment proceedings
- Preparation of bids, review of tender documents and appeals in public tender procedures
- Reports and opinions on urban planning, development and planning enforcement
- Claims for public liability against the authorities
- Legal representation in the administrative court appeal at every instance
Every company ends up dealing with the public authorities: a licence that does not arrive, an inspection that opens proceedings, tender documents that exclude a bid, a grant whose account is questioned. In that relationship the rules of the game are its own, the deadlines are short and what is not argued in time is almost never recovered afterwards. Our lawyers act both against the authorities and alongside them.
Licences and authorisations
We process and defend activity and building licences, changes of holder, extensions and sector authorisations before local councils, Provincial Councils and the Basque Government. We check beforehand whether the activity fits the applicable planning rules, which is where most refusals are decided.
Penalty proceedings
We step in from the decision to open proceedings, while the facts can still be disputed and not only the amount. We file submissions and evidence, and we appeal against the decision through the administrative route and, where appropriate, before the administrative courts. We deal in the same way with grant repayment proceedings and with claims for public liability.
Public procurement
We support the company that bids for a public contract: a critical reading of the tender documents, solvency requirements, preparation of the bid and of the supporting documentation, and an appeal when the exclusion or the award does not match what was published. On the other side, we advise public institutions and their instrumental companies on the preparation and performance of their contracts.
Urban planning
We prepare reports and opinions on urban planning, development and planning enforcement, and we act in proceedings for the restoration of lawfulness, licences on non-developable land and the development of designated action areas.
The administrative court appeal
When the administrative route is exhausted, we take on the defence before the courts at every instance, including the application for interim measures where enforcing the act would cause damage that is hard to repair. We work from our offices in Bilbao, Donostia-San Sebastián and Vitoria-Gasteiz.
Frequently asked questions
- Can I appeal against an administrative penalty?
- Yes. Penalty proceedings allow submissions before the decision and, once it has been issued, an appeal through the administrative route and then an administrative court appeal. The deadlines are short and they lapse, so the date of notification governs everything else: it is best to bring in the complete file as soon as it is received.
- If the authorities do not reply to my application, has it been granted?
- It depends. Whether silence is positive or negative is set by the rule governing each procedure, and in some areas, such as much of urban planning, what would be contrary to the planning rules cannot be acquired by silence. Before acting as if the licence existed, it is worth checking which rule applies.
- Do you work for companies or also for the public authorities?
- For both. We defend companies and individuals against administrative action and, at the same time, we advise public institutions and their instrumental companies, particularly on public procurement and on urban planning, development and enforcement, provided there is no conflict of interest.
- I am being asked to repay a grant. What can I do?
- Repayment proceedings are normally opened because of defects in the account presented or failure to meet the conditions of the call. You can respond with submissions and supporting documentation before the decision and, if it comes, appeal against it. Reviewing the account already submitted is usually the decisive point.