Every day, we advise public authorities and public-sector companies on national and EU law. Together with our clients, we operate in the cross field between politics, economy and law.
International Trade, Regulatory and Government Affairs
For decades, the public sector has been a high priority for us, and we advise municipalities, regions, public law bodies and public-sector companies on a daily basis on all aspects of Danish and EU law. Our experience has been accumulated over decades and enables us to act not only as a legal advisor, but also as a strategic and political sparring partner to our public-sector clients. We take great pride in that.
Who do we advise?
We advise all types of public authorities, public law bodies and companies. Our track record in this area is impressive and has meant that we have strengthened our expertise and experience in this area. Our clients include:
- Municipalities
- Regions
- Government agencies
- Utility companies
- The social housing sector
- Quasi-public companies
- Self-governing institutions
- Educational institutions
- Inter-municipal companies
Our legal services to the public sector very much mirror our legal services to the private sector. We aim to create value and give advice on a peer to peer basis, setting the direction and delivering results. This means, among other things, that we are not afraid to speak our minds when presented with challenges or to suggest how such challenges can be resolved most effectively for the client – whether the client is a public or private sector client.
Our legal services to the public sector
We have a team of specialist lawyers dedicated to advising the public sector. Our palette of legal services is broad and includes the following legal areas:
- Energy and utility law
- EU law
- Municipal and administrative law
- Public law, including the Local Government Act
- Social law
- Public procurement law
- Construction law
As a result of the complexity of the legal services requested by the public sector, we must draw on resources and know-how which go beyond the boundaries of administrative law. Consequently, our specialists work in interdisciplinary teams so that you, the client, will always be backed by the most competent team in the decision-making process. We have experienced experts available in every field from IT and technology to real estate and construction law. This ensures highly effective and top-quality legal advice.
The municipal mandate – rules and exceptions
Operating in the public sector requires in-depth knowledge of the municipal mandate rules and the opportunities and limitations they present. For more information, please click here, where you can read about the exceptions to the prohibition for municipalities to engage in commercial activities.
Public private partnerships
When it comes to partnerships between public authorities and private companies, it is a very good idea to join forces with a legal advisor who can help ensure that the partnership is off to a good start. Our legal services include contractual advice and contract management as well as choice of partnership form.
There are different types of public private partnerships. Public private partnerships can be crucial to the provision of many public services, and therefore they contribute to maintain a healthy, competitive market.
PPC (public private cooperation)
In Danish law, PPC is an umbrella term for different types of partnerships between public authorities and private companies. PPCs are widely used in Denmark and play an important role in the Danish welfare society. Via these partnerships, the public sector may benefit from the effectiveness and innovation which characterise the private sector.
For more information on PPCs and the different types of partnerships, see the website of the Danish Competition and Consumer Authority here.
PPP (public private partnership)
A PPP is a contract between a public authority and a private company covering in one single contract the design, construction, operation and maintenance of a project. Often, the contract also specifies the source of project financing. PPPs are mostly seen in the construction and engineering industry, e.g. in connection with infrastructure projects. One of the advantages of a PPP, which is often mentioned, is improved quality and greater focus on value for money in the construction and operating phases.
PPI (public private innovation partnership)
Innovation partnerships are often concluded for the purpose of developing and subsequently purchasing new innovative goods, services or construction and engineering projects. An innovation partnership may be a good model to choose for a public authority seeking a solution to a challenge without knowing how to do it in the best possible manner. In innovation partnerships, the private company develops the solution, most often with a view to later selling it to the public authority.
For more information on innovation partnerships, please click here.
Strategic partnerships
A strategic partnership is a type of partnership making it possible – within the confines of public procurement law – to create a long-term, trusting and effective relationship between the public authority and the partnership through a framework agreement on a series of construction and engineering projects or the like. The private contractor will typically be a group of suppliers, each contributing with the different professional skills which are necessary to carry out the project, e.g. building contractors, architects and engineers.
For the societal partnership REBUS, we have prepared a complete strategic partnership procurement concept consisting of a template (general conditions), a framework agreement as well as guidelines on how to get started. In addition, we have advised a number of municipalities and social housing organisations on strategic partnerships.
