Lawyers specialising in contentious-administrative law

What is administrative law?

Administrative law includes all law involving a public body (the public administration or its organisations).

The Courts and Tribunals of the contentious-administrative order, whose regulation stems from public law, have as their objective, the control of the correct action for the public administration, in full compliance with the law.

The acts that may be subject to control by this jurisdiction may range from the jurisdictional protection of fundamental rights, administrative contracts (acts of preparation and awarding of public tenders), administrative acts of control or supervision, or the State’s financial liability. As a result, public law – in its contentious aspect – is empowered to ensure that the Public Administration exercises its functions in accordance with the Law and its regulatory provisions, and in the event that these are not in accordance with the Law, its acts may be subject to judicial control (the citizen-justice is allowed to denounce this before the Courts and Tribunals of this jurisdictional order).

Which entities make up the Public Administration and are subject to this control?

Administrative law emanates from the Public Administrations, which are divided into three levels: State level, regional level and local level. Thus, the entities that make up the Public Administration and are subject to judicial control are:

• The General State Administration
• Administrations of the Autonomous Communities
• The entities that make up the Local Administration.
• Public Law Entities dependent on or linked to the State, the Autonomous Communities or Local Entities.

Navas & Cusí’s advice on Public Law

At the firm we have a team of lawyers who are experts in administrative law who will advise you on any doubts or procedures. We assist Public Administrations and companies, foundations and other public sector institutions in the drafting and formalisation of the general and specific administrative clause specifications that must govern the different contracting procedures depending on the type of contract.

We also specialise in any type of administrative claim before any public body, whether they are administrative claims or contentious-administrative appeals.

The firm provides advice among additional services in the following areas of administrative law and in its contentious-administrative aspect:

Contentious-administrative appeals

The decisions issued by the contentious-administrative courts normally resolve appeals and disputes between the Administration and citizens.

There are various contentious-administrative appeals that can be lodged by any person in defence of their rights and interests when these have been harmed by the actions – or lack of action – of the Administration.

In the event of disagreement with the decision, or if there is a limitation to a citizen’s right, an appeal can be lodged against the Administration, which will lead to contentious-administrative proceedings.

Liability of public administrations or personnel

Here it should be noted that financial liability can arise both for an internal infringement (Spanish State) and at European Union level if the Spanish Member State has failed to apply or transpose a Community rule, and this has limited or harmed citizens’ rights. The damages are infinite, but among them we can highlight those caused to companies by improper application of a regulation or an arbitrary act that generates economic losses.

Public aid and subsidies

We provide full and comprehensive advice to the client, whether an individual or a legal entity, on public aid and subsidies.

We handle all types of sanctioning proceedings in any area of the Administration, both in the administrative and judicial phases.

Public procurement

Advice is provided on public tenders, claims for matters of classification and award, contract termination proceedings, claims for payment of the price, interest on late payment and compensation.