Public Law Structurings
We assist the public sector as well as German and foreign investors in public law structurings, which we know from all perspectives.
We draft public law agreements and statutes, provide support for committees such as meetings of special purpose associations (Zweckverbände), municipal councils and district assemblies and often represent our clients' interests there.
We have many years of expertise in the financing, restructuring and reorganization of public law institutions (Anstalten öffentlichen Rechts) and actively helped shaping them. We identify the needs and measures, prepare concepts and schedules, create and serve on project committees and assume the project management upon request.
If private law structures are chosen, such as in the case of privatizations and certain public-private partnerships, our advice also comprises preparatory structuring such as transformations, spin-offs, split-ups and spin-offs, the drafting of purchase, participation agreements and consortium agreements as well as the design and implementation of operator, management and commissioning models. The adoption of private law patterns make public law structurings a complex and exciting challenge.
We align our clients’ requests with the relevant municipal law regulations, namely the provisos for the economic activity of local authorities, the requirements for municipal cooperation and municipal budget and fiscal law.
We also have extensive experience in administrative law issues which, in addition to aspects of general administrative law, also include special legal standards, e.g. environmental, energy, subsidy or trade law. We also include constitutional requirements such as the rule of law and the principle of democracy as well as the guarantee of local self-government and European law in our considerations.