{"id":1997,"date":"2025-05-09T09:39:22","date_gmt":"2025-05-09T07:39:22","guid":{"rendered":"https:\/\/monteroaramburu-stg.servidortemporal.net\/areas\/publico-y-regulatorio\/"},"modified":"2025-09-09T14:29:04","modified_gmt":"2025-09-09T12:29:04","slug":"public-and-regulatory","status":"publish","type":"areas","link":"https:\/\/www.monteroaramburugva.com\/en\/areas\/public-and-regulatory\/","title":{"rendered":"Public and Regulatory"},"content":{"rendered":"\r\r
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PUBLIC AND REGULATORY<\/p>\n<\/div>\r <\/div>\r

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With an increasingly complex and changing regulatory framework, public law advice is essential for the stability and growth of companies. The diversity of our clients has allowed us to gain knowledge within a wide range of sectors of activity (public sector contracts, concessions, infrastructures, asset liability, public services, tourism, ports, professional associations, telecommunications, public property, energy, urban and regional planning, environment, among others).<\/p>\n

Our advice ranges from the issuing of legal opinions to the handling of all types of administrative proceedings and appeals, reaching all levels and in all matters, including constitutional jurisdiction, in the contentious-administrative jurisdiction. We also advise public administrations and other public sector entities. All this allows us to address any legal-public issue with a practical and comprehensive approach.<\/p>\n<\/div>\r \r Corporate dossier<\/span>\r <\/span>\r <\/a>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r<\/div>\r\n\n\r\r

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Our services<\/p>\n<\/div>\r <\/div>\r

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Administrative, contentious-administrative and constitutional law<\/p>\n<\/span>\r <\/div>\r <\/div>\r

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Scope of services:<\/p>\n<\/div>\r <\/div>\r

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Advisory and contentious advice to both private clients and public sector entities in the different areas of administrative and constitutional Law:<\/p>\n

    \n
  • Administrative and constitutional litigation. Appeals for protection and questions of unconstitutionality.<\/li>\n
  • Advice and defence in disciplinary proceedings of all kinds.<\/li>\n
  • Advising on public property (water, mountains, mines, coasts and ports).<\/li>\n
  • Assets of public Administrations.<\/li>\n
  • Advice and defence in compulsory purchase proceedings.<\/li>\n
  • Advice in relation to the formulation and application for authorisations in relation to any classified activity.<\/li>\n
  • Applications for aid and subsidies.<\/li>\n
  • Administrative appeals of all kinds. Ex officio reviews.<\/li>\n
  • Agreements<\/li>\n
  • Claims for liability in the areas of health, environment, urban planning, etc.<\/li>\n
  • Administrative organisation: autonomous bodies, public business entities, consortia, public trading companies, public foundations, etc.<\/li>\n
  • E-government: administrative simplification. Transparency and good governance.<\/li>\n
  • Draft rules of all Administrations.<\/li>\n
  • Preventive advice on offences and crimes against public health, consumers and users, health, etc.<\/li>\n
  • Local law.<\/li>\n
  • Organisation and public employment.<\/li>\n<\/ul>\n<\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r
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    Regulated sectors<\/p>\n<\/span>\r <\/div>\r <\/div>\r

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    Scope of services:<\/p>\n<\/div>\r <\/div>\r

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      \n
    • Advising before independent regulatory bodies: National Securities Market Commission (Comisi\u00f3n Nacional del Mercado de Valores – CNMV), National Commission on Markets and Competition (Comisi\u00f3n Nacional de los Mercados y de la Competencia – CNMC), Bank of Spain, among others.<\/li>\n
    • Advice in administrative or judicial proceedings in defence or formulation of complaints for infringements in competition matters before the competition authorities (state or regional).<\/li>\n<\/ul>\n<\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r
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      Tourism<\/p>\n<\/span>\r <\/div>\r <\/div>\r

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      Scope of services:<\/p>\n<\/div>\r <\/div>\r

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      • We are present in the geographical areas with the greatest weight in tourism activity, with onsite offices from which we provide ongoing advice to some of the main companies in the tourism sector.<\/li>\n
      • Due diligence of tourism businesses and assets in general in operations of acquisition, financing, investment, restructuring or implementation of tourism businesses (hotels, timeshares, marinas, leisure parks, etc.).<\/li>\n
      • Qualifying documents for the opening or operation of tourism businesses or activities.<\/li>\n
      • Administrative review or inspection procedures and appeals before public Administrations.<\/li>\n<\/ul>\n<\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r
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        Telecommunications<\/p>\n<\/span>\r <\/div>\r <\/div>\r

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        Scope of services:<\/p>\n<\/div>\r <\/div>\r

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          \n
        • Advice to local councils and town councils on telecommunications ordinances and regulatory plans and any conflicts arising in their practical application.<\/li>\n
        • Advice to operators on the processing of the authorisations (licences, concessions, etc.) for the exercise of their activity and\/or the deployment of the necessary infrastructure.<\/li>\n
        • Advice and defence in disciplinary proceedings; administrative and contentious-administrative appeals.<\/li>\n<\/ul>\n<\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r
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          Energy<\/p>\n<\/span>\r <\/div>\r <\/div>\r

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          Scope of services:<\/p>\n<\/div>\r <\/div>\r

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            \n
          • Advice on applying for, processing and obtaining all permits, licences, authorisations, concessions and any other authorisations (\u2018PLA\u2019) necessary for the development, construction and operation of energy projects.<\/li>\n
          • Due diligence of all kinds of energy projects.<\/li>\n
          • Comprehensive advice for the implementation of any energy project, especially for the production of energy from renewable energy sources (green hydrogen and its derivatives, geothermal, storage, hybridisation, reverse hydro, biogas, biomethane, photovoltaic, wind, etc.) and also for the hybridisation or repowering of existing projects.<\/li>\n
          • Assistance on any question of access and connection to transmission and distribution networks, including the preparation of access disputes before the CNMC or the competent regional authority and participation in capacity tenders.<\/li>\n
          • Advice on the constitution and return of financial guarantees for the processing of projects.<\/li>\n
          • Assistance on all matters relating to town planning, the environment, applications for declarations of public utility, compulsory expropriation, public domain (water, maritime-terrestrial, mountains, roads, livestock trails, roads, etc.) and any other.<\/li>\n
          • Advice on the processing of projects of \u2018regional interest\u2019\/\u2018strategic\u2019\/\u2018priority\u2019 (preparation of the strategy and action plan; resolution of consultations and continuous advice throughout the processing; response to requests and preparation of allegations; preparation of strategic reports on the public interest of the project; review of the legal aspects of the technical documentation, etc.).<\/li>\n
          • Assistance in obtaining water use permits for the execution of green hydrogen projects and their derivatives.<\/li>\n
          • Assistance in the relationship with public administrations and private agents.<\/li>\n
          • Advice on current legislation, regulatory projects, modifications and simplification.<\/li>\n
          • Preparation of reports on any aspect of Public law.<\/li>\n
          • Advice on the remuneration system.<\/li>\n
          • Advice on energy efficiency (e.g. CAE).<\/li>\n
          • Legal defence in any administrative or contentious-administrative proceedings related to the above issues.<\/li>\n<\/ul>\n<\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r
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            Town and country planning<\/p>\n<\/span>\r <\/div>\r <\/div>\r

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            Scope of services:<\/p>\n<\/div>\r <\/div>\r

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              \n
            • Advice on the processing, approval and execution of urban planning and land use planning instruments, both for private individuals as well as public Authorities.<\/li>\n
            • Negotiation and drafting of urban planning and urban management agreements; advice on the presentation of the initiative in the compensation system, sole proprietor or through a development agent; negotiation and conclusion of the sole proprietor agreement; constitution of compensation boards and urban conservation entities; legal advice and secretariat of compensation boards.<\/li>\n
            • Drafting of the report on reparcelling projects and overseeing the process until they are registered in the land registry.<\/li>\n
            • Intervention in procedures for obtaining land for general\/local systems by direct occupation or expropriation.<\/li>\n
            • Advising on expropriation and property liability proceedings as a result of town planning or land use planning.<\/li>\n
            • Reports and opinions on urban planning or sectorial regulations; due diligence or urban planning audits.<\/li>\n
            • Advice on the procedure for the granting of all types of urban planning licences (commercial licences, works, installation, first occupation, opening, demolition, activity, etc.) and the necessary sectorial authorisations.<\/li>\n
            • Legal advice on the processing of special authorisations on rural land, by obtaining authorisation prior to licensing.<\/li>\n
            • Legal advice on the regularisation of buildings by declaring them to be in a situation of assimilated out of ordination \u2013SAFO-, and in procedures for the regime of licensed buildings \u2013RAEL-.<\/li>\n
            • Defence in disciplinary proceedings and proceedings for the restoration of legality.<\/li>\n
            • Advice on subsidised housing.<\/li>\n
            • Preventive advice on offences against town and country planning.<\/li>\n
            • Administrative and contentious-administrative appeals in urban or sectorial matters.<\/li>\n<\/ul>\n<\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r
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              Sustainability and Environment<\/p>\n<\/span>\r <\/div>\r <\/div>\r

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              Scope of services:<\/p>\n<\/div>\r <\/div>\r

              \r
                \n
              • Assistance in the administrative processing of environmental permits (including their review and modification) for plans, programmes and projects.<\/li>\n
              • Legal defence (in administrative and contentious-administrative proceedings) in sanctioning procedures for non-compliance with environmental regulations.<\/li>\n
              • Advice on obtaining permits for historical heritage, natural heritage and biodiversity, forests, mines and coasts, among others.<\/li>\n
              • Advice to companies and the public sector on all their environmental obligations (including the application of the \u2018circular economy\u2019 principle; waste, atmospheric emissions, pollution (noise, light, odour and soil), integral water cycle and dumping).<\/li>\n
              • Advice to public Administrations, organisations and public bodies on the drafting and application of regulations.<\/li>\n
              • Specialised advice to industries (chemical, energy, ceramics, manufacturing, food, among others).<\/li>\n
              • Advice on compliance with new ESG or sustainability obligations (sustainability reporting, new due diligence Directive, taxonomy, etc.).<\/li>\n
              • Advice on accessing grants that apply ESG criteria and participating in sustainable public tenders.<\/li>\n
              • Preparation of sustainability reports for SME.<\/li>\n
              • Application of ESG criteria to specific areas and for different purposes (e.g. to make the application of urban planning parameters more flexible; to individualise projects; to demonstrate the strategic nature of a specific project, etc.).<\/li>\n<\/ul>\n<\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r
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                Public procurement<\/p>\n<\/span>\r <\/div>\r <\/div>\r

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                Scope of services:<\/p>\n<\/div>\r <\/div>\r

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                  \n
                • Comprehensive consultative and contentious legal advice (pleadings, appeals and litigation) in all phases from the tender to the execution of the contract, as well as its subsequent termination and liquidation. Both in tenders governed by general public procurement legislation and those governed by special contractual regulations (excluded sectors), including any field (such as health or defence) or national or international organisation.<\/li>\n
                • Preparation of submission of tenders (preparatory documentation, tender documents) and compliance protocols for regulatory compliance in public procurement.<\/li>\n
                • Claims for payment of public contracts. Price reviews and re-establishment of economic and financial equilibrium, audits in the field of public procurement.<\/li>\n
                • Special appeals in procurement matters before the contract review tribunals; ordinary administrative appeals before the various contracting authorities; and improper appeals before the bodies of other public sector entities.<\/li>\n<\/ul>\n<\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r
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                  Scope of services:<\/p>\n<\/div>\r <\/div>\r

                  \r

                  Advisory and contentious advice to both private clients and public sector entities in the different areas of administrative and constitutional Law:<\/p>\n

                    \n
                  • Administrative and constitutional litigation. Appeals for protection and questions of unconstitutionality.<\/li>\n
                  • Advice and defence in disciplinary proceedings of all kinds.<\/li>\n
                  • Advising on public property (water, mountains, mines, coasts and ports).<\/li>\n
                  • Assets of public Administrations.<\/li>\n
                  • Advice and defence in compulsory purchase proceedings.<\/li>\n
                  • Advice in relation to the formulation and application for authorisations in relation to any classified activity.<\/li>\n
                  • Applications for aid and subsidies.<\/li>\n
                  • Administrative appeals of all kinds. Ex officio reviews.<\/li>\n
                  • Agreements<\/li>\n
                  • Claims for liability in the areas of health, environment, urban planning, etc.<\/li>\n
                  • Administrative organisation: autonomous bodies, public business entities, consortia, public trading companies, public foundations, etc.<\/li>\n
                  • E-government: administrative simplification. Transparency and good governance.<\/li>\n
                  • Draft rules of all Administrations.<\/li>\n
                  • Preventive advice on offences and crimes against public health, consumers and users, health, etc.<\/li>\n
                  • Local law.<\/li>\n
                  • Organisation and public employment.<\/li>\n<\/ul>\n<\/div>\r <\/div>\r <\/div>\r <\/div>\r \r <\/div>\r
                    \r \r
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                    \r

                    Scope of services:<\/p>\n<\/div>\r <\/div>\r

                    \r
                      \n
                    • Advising before independent regulatory bodies: National Securities Market Commission (Comisi\u00f3n Nacional del Mercado de Valores – CNMV), National Commission on Markets and Competition (Comisi\u00f3n Nacional de los Mercados y de la Competencia – CNMC), Bank of Spain, among others.<\/li>\n
                    • Advice in administrative or judicial proceedings in defence or formulation of complaints for infringements in competition matters before the competition authorities (state or regional).<\/li>\n<\/ul>\n<\/div>\r <\/div>\r <\/div>\r <\/div>\r \r <\/div>\r
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                      Scope of services:<\/p>\n<\/div>\r <\/div>\r

                      \r
                        \n
                      • We are present in the geographical areas with the greatest weight in tourism activity, with onsite offices from which we provide ongoing advice to some of the main companies in the tourism sector.<\/li>\n
                      • Due diligence of tourism businesses and assets in general in operations of acquisition, financing, investment, restructuring or implementation of tourism businesses (hotels, timeshares, marinas, leisure parks, etc.).<\/li>\n
                      • Qualifying documents for the opening or operation of tourism businesses or activities.<\/li>\n
                      • Administrative review or inspection procedures and appeals before public Administrations.<\/li>\n<\/ul>\n<\/div>\r <\/div>\r <\/div>\r <\/div>\r \r <\/div>\r
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                        Scope of services:<\/p>\n<\/div>\r <\/div>\r

                        \r
                          \n
                        • Advice to local councils and town councils on telecommunications ordinances and regulatory plans and any conflicts arising in their practical application.<\/li>\n
                        • Advice to operators on the processing of the authorisations (licences, concessions, etc.) for the exercise of their activity and\/or the deployment of the necessary infrastructure.<\/li>\n
                        • Advice and defence in disciplinary proceedings; administrative and contentious-administrative appeals.<\/li>\n<\/ul>\n<\/div>\r <\/div>\r <\/div>\r <\/div>\r \r <\/div>\r
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                          Scope of services:<\/p>\n<\/div>\r <\/div>\r

                          \r
                            \n
                          • Advice on applying for, processing and obtaining all permits, licences, authorisations, concessions and any other authorisations (\u2018PLA\u2019) necessary for the development, construction and operation of energy projects.<\/li>\n
                          • Due diligence of all kinds of energy projects.<\/li>\n
                          • Comprehensive advice for the implementation of any energy project, especially for the production of energy from renewable energy sources (green hydrogen and its derivatives, geothermal, storage, hybridisation, reverse hydro, biogas, biomethane, photovoltaic, wind, etc.) and also for the hybridisation or repowering of existing projects.<\/li>\n
                          • Assistance on any question of access and connection to transmission and distribution networks, including the preparation of access disputes before the CNMC or the competent regional authority and participation in capacity tenders.<\/li>\n
                          • Advice on the constitution and return of financial guarantees for the processing of projects.<\/li>\n
                          • Assistance on all matters relating to town planning, the environment, applications for declarations of public utility, compulsory expropriation, public domain (water, maritime-terrestrial, mountains, roads, livestock trails, roads, etc.) and any other.<\/li>\n
                          • Advice on the processing of projects of \u2018regional interest\u2019\/\u2018strategic\u2019\/\u2018priority\u2019 (preparation of the strategy and action plan; resolution of consultations and continuous advice throughout the processing; response to requests and preparation of allegations; preparation of strategic reports on the public interest of the project; review of the legal aspects of the technical documentation, etc.).<\/li>\n
                          • Assistance in obtaining water use permits for the execution of green hydrogen projects and their derivatives.<\/li>\n
                          • Assistance in the relationship with public administrations and private agents.<\/li>\n
                          • Advice on current legislation, regulatory projects, modifications and simplification.<\/li>\n
                          • Preparation of reports on any aspect of Public law.<\/li>\n
                          • Advice on the remuneration system.<\/li>\n
                          • Advice on energy efficiency (e.g. CAE).<\/li>\n
                          • Legal defence in any administrative or contentious-administrative proceedings related to the above issues.<\/li>\n<\/ul>\n<\/div>\r <\/div>\r <\/div>\r <\/div>\r \r <\/div>\r
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                            Scope of services:<\/p>\n<\/div>\r <\/div>\r

                            \r
                              \n
                            • Advice on the processing, approval and execution of urban planning and land use planning instruments, both for private individuals as well as public Authorities.<\/li>\n
                            • Negotiation and drafting of urban planning and urban management agreements; advice on the presentation of the initiative in the compensation system, sole proprietor or through a development agent; negotiation and conclusion of the sole proprietor agreement; constitution of compensation boards and urban conservation entities; legal advice and secretariat of compensation boards.<\/li>\n
                            • Drafting of the report on reparcelling projects and overseeing the process until they are registered in the land registry.<\/li>\n
                            • Intervention in procedures for obtaining land for general\/local systems by direct occupation or expropriation.<\/li>\n
                            • Advising on expropriation and property liability proceedings as a result of town planning or land use planning.<\/li>\n
                            • Reports and opinions on urban planning or sectorial regulations; due diligence or urban planning audits.<\/li>\n
                            • Advice on the procedure for the granting of all types of urban planning licences (commercial licences, works, installation, first occupation, opening, demolition, activity, etc.) and the necessary sectorial authorisations.<\/li>\n
                            • Legal advice on the processing of special authorisations on rural land, by obtaining authorisation prior to licensing.<\/li>\n
                            • Legal advice on the regularisation of buildings by declaring them to be in a situation of assimilated out of ordination \u2013SAFO-, and in procedures for the regime of licensed buildings \u2013RAEL-.<\/li>\n
                            • Defence in disciplinary proceedings and proceedings for the restoration of legality.<\/li>\n
                            • Advice on subsidised housing.<\/li>\n
                            • Preventive advice on offences against town and country planning.<\/li>\n
                            • Administrative and contentious-administrative appeals in urban or sectorial matters.<\/li>\n<\/ul>\n<\/div>\r <\/div>\r <\/div>\r <\/div>\r \r <\/div>\r
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                              Scope of services:<\/p>\n<\/div>\r <\/div>\r

                              \r
                                \n
                              • Assistance in the administrative processing of environmental permits (including their review and modification) for plans, programmes and projects.<\/li>\n
                              • Legal defence (in administrative and contentious-administrative proceedings) in sanctioning procedures for non-compliance with environmental regulations.<\/li>\n
                              • Advice on obtaining permits for historical heritage, natural heritage and biodiversity, forests, mines and coasts, among others.<\/li>\n
                              • Advice to companies and the public sector on all their environmental obligations (including the application of the \u2018circular economy\u2019 principle; waste, atmospheric emissions, pollution (noise, light, odour and soil), integral water cycle and dumping).<\/li>\n
                              • Advice to public Administrations, organisations and public bodies on the drafting and application of regulations.<\/li>\n
                              • Specialised advice to industries (chemical, energy, ceramics, manufacturing, food, among others).<\/li>\n
                              • Advice on compliance with new ESG or sustainability obligations (sustainability reporting, new due diligence Directive, taxonomy, etc.).<\/li>\n
                              • Advice on accessing grants that apply ESG criteria and participating in sustainable public tenders.<\/li>\n
                              • Preparation of sustainability reports for SME.<\/li>\n
                              • Application of ESG criteria to specific areas and for different purposes (e.g. to make the application of urban planning parameters more flexible; to individualise projects; to demonstrate the strategic nature of a specific project, etc.).<\/li>\n<\/ul>\n<\/div>\r <\/div>\r <\/div>\r <\/div>\r \r <\/div>\r
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                                Scope of services:<\/p>\n<\/div>\r <\/div>\r

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                                  \n
                                • Comprehensive consultative and contentious legal advice (pleadings, appeals and litigation) in all phases from the tender to the execution of the contract, as well as its subsequent termination and liquidation. Both in tenders governed by general public procurement legislation and those governed by special contractual regulations (excluded sectors), including any field (such as health or defence) or national or international organisation.<\/li>\n
                                • Preparation of submission of tenders (preparatory documentation, tender documents) and compliance protocols for regulatory compliance in public procurement.<\/li>\n
                                • Claims for payment of public contracts. Price reviews and re-establishment of economic and financial equilibrium, audits in the field of public procurement.<\/li>\n
                                • Special appeals in procurement matters before the contract review tribunals; ordinary administrative appeals before the various contracting authorities; and improper appeals before the bodies of other public sector entities.<\/li>\n<\/ul>\n<\/div>\r <\/div>\r <\/div>\r <\/div>\r \r <\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r <\/div>\r<\/div>\r\n\n\r
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                                  News<\/p>\n<\/div>\r

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