Administrative public sector law
We specialize in comprehensive advice to public sector entities, whatever their type: public administrations, public corporations, public sector foundations, public companies, etc. and we have a specialised department in this sector, to which several professionals are exclusively ascribed.
Since the beginning, BSK has had among its clients public sector entities, both public administrations (municipalities, associations, consortia...) and private entities linked or belonging to the public sector (public corporations, foundations, corporate public organisations...). In fact, we actively participate in the creation of many of them.
When Law 30/2007, of 30 October, on Public Sector came into force, it was an important milestone in the provision of our services, because it was an almost total submission to its precepts on public corporations and foundations of the public sector. This initiated, sponsored by the EU directives, a trend towards greater restraint by those entities to legal and public regulation.
Our advice to public sector entities covers the following areas: public sector procurement, accountability of public administrations, property regime, administrative procedures, expropriation, development of municipal ordinances, specialities under the internal functioning of public companies... We also advise on such matters to companies and individuals in their relations with public sector entities.
We act as not board members and legal advisers to numerous corporations and foundations in the public sector.
It must be noted that we exercise legal direction in numerous contentious-administrative proceedings representing both public sector entities and companies and individuals.
Also, our tax department has professionals who are experts in advising public sector entities (tax benefits in company tax, operations not subject to VAT, impact on the VAT of the pro rata regime and of differentiated activity sectors, concessions on public property, real estate transactions, municipal taxes, public fees and charges...).
Similarly, our employment department advises these entities permanently in relation to their workforce (hiring regime and access modes, restrictions on collective bargaining, individual contracts...) and the subrogation of personnel in public contracts.
We also provide advice to the public sector, given its peculiarities, in other areas of law: civil, commercial, real estate and construction, intellectual property, protection of personal data...