Public sector

Public sector is a very important field of professional activity for our Law Firm. Cooperation with local governments, municipal companies and State Treasury companies, as well as various issues related to them have been present in our practice from the very beginning of our activity. Building up on years of experience in the provision of legal assistance to the public sector, we have developed a team specialising in local government law, municipal services management, public investments, public-private partnership and waste management. Our professional competence is based on practical experience in the public sector, openness to new ideas and understanding of specific needs of local government. As a result, we are able to provide Clients with full professional support in carrying out public tasks.

The essence of the efficient and reliable work for local governments lies not only in the knowledge of local government regulations, but also in the understanding of legal specifics related to the public sphere and practical expertise in such specifics.

On numerous occasions our Law Firm advised on big investment projects. Under such projects, specialists of the Law Firm develop or advise on the development of organisational, legal and tax models, taking at the same time into account both specifics of a given project and needs or expectation of the investor. Consequently, they optimise capital expenditure and tax burdens, while maximising social and economic benefits resulting for local governments from the application of such models.

The cooperation of the Law Firm with the public sector allowed us to gather extensive experience in the field of municipal services management. We have advised on significant investments of local governments, including the construction of a provincial hospital in an innovative formula or a multi-storey car parks under concession for construction works, organisation of a big international sports event or transformation of a zoological garden into a commercial company.

The experience acquired by the Law Firm in this area as well as openness to new ideas and needs of local governments enable us to provide our Clients with professional support in carrying out public tasks.

Following the “waste disposal” reform effective from July 2013 and the subsequent changes introduced by way of amendment to the Public Procurement Law of June 2016, the waste management system generates a number of problems related to the waste disposal organisation, adjustment to the current regime and proper application of the valid regulations. The scope of our activities includes:

  • supporting municipalities in launching and handling tendering procedures for municipal waste collection,
  • public-private partnership in the waste management sector,
  • providing support in implementing projects of regional municipal waste treatment facilities,
  • providing day-to-day services in the field of waste management to waste processing companies and other municipal companies,
  • advising on the environmental law requirements,
  • providing support in obtaining necessary administrative permits and decisions.

Our Law Firm is one of the pioneers and market leaders in a wide range of advice to organisers of public collective transport. We support organisers in developing and implementing concepts regarding the shape and functioning of public collective transport. Analyses drafted by our lawyers refer in particular to the interpretation of provisions of the Public Collective Transport Act and so-called Regulation no. 1370. We review draft resolutions of local government units and suggest solutions concerning their cooperation (including draft agreements between such units). Our team also drafts and negotiates contracts for the provision of public collective transport services. For years, we have been organising and acting as speakers at industry seminars and training sessions during which our specialists share their extensive knowledge and experience.

Public finance sector units can rely on our support within the scope of liquidation of budgetary units and establishments as well as their reorganisation and conversion into commercial companies.

Our Law Firm has a team of experts with years of practical experience in public procurement and public-private partnership, providing our Clients with professional services at every stage of the process, from the preparation of the procedure or the tender through legal representation in appeal proceedings.

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We advise on the process of obtaining financing and refinancing for investment and acquisition projects, from agreeing the term sheet, through advice on preparing credit documentation, negotiations regarding permits and approvals of administrative authorities, transaction closing and provision of any agreed collateral.

We represent public entities in negotiations with EU financial institutions with regard to the entering into international financial agreements under which funds are intended for the implementation of investment programs.

In view of the increasing restrictions related to the obligation to meet the individual debt ratio, local governments face a difficult choice in terms of funding their expenses, including capital expenditure.

Sale and leaseback of real properties enables local governments to obtain – next to loans and credits – long-term financing for their investments, current activities of the local government or investment projects, through the use of “tied up” capital with a guarantee of recovery of such real properties after the lease term. The funds obtained from the lease may be used, for example, as their own contributions to the projects funded under the EU Financial Perspective 2014-2020. Sale and leaseback is a tool contributing to the improvement of the individual debt ratio of local government units (without lease being qualified as a public debt), thus also improving formal and legal (budgetary) possibilities of incurring expenses that without such a transaction would not be possible, with a guarantee of the local government’s right to recover the legal title to real properties after the lease term.

The offer of legal assistance in respect of real estate sale-leaseback includes legal advice on the initial selection of the object of lease, the carrying out of its legal audit, legal advice on the transaction structure and procedure for entering into a sale-leaseback agreement, as well as the drafting of comprehensive documentation for the tender procedure.