Law

Regional self-government

We are a law firm that has long-term experience with legal advice for self-government and public administration. Municipalities and regions in the Czech Republic face a number of legal issues that they must address. Most of them are connected with the distribution of powers of individual bodies, with the management of public property, with financing, with the issue of public procurement, etc.

Our experts have long-term experience with this specific area of ​​law, which is very different from the standard agenda of ordinary lawyers focused on general practice. We will help you with questions concerning the standard operation of municipalities and regions, with the solution of property issues, the preparation of contractual documentation, the issue of public procurement, the issue of subsidies and with the preparation of municipal legislation.

Representation for Municipal and Regional authorities

The organizational structure of municipalities and regions is determined by special legal regulations, the knowledge of which is a prerequisite for every successful deputy, counsellor, mayor or governor. Our law firm offers you its rich experience in this area, which we have gained mainly by consulting for municipalities and regions throughout the Czech Republic.

What are the powers of the council and what is the municipal council? What rights does each representative have? According to the law, how does the council act? How is it necessary to proceed when selling municipal property? These are all questions to which we are able to provide you with clear and professional answers.

We will prepare legal analysis and opinions on the normal operation of the municipality or region, including issues related to the management of property. If you are a representative, we will advise you in case of exercising your rights. We will prepare documents for the meetings of individual bodies of municipalities and regions. We will also help you with the preparation of municipal legislation, we will advise you with questions concerning the local referendum or, for example, the responsibilities of individual local government representatives.

Last but not least, we will provide you with legal assistance in dealing with private entities, entrepreneurs or non-profit entities, but also with citizens. You can also contact us with legal representation in court proceedings, both within the administrative judiciary and, for example, in disputed civil proceedings.

Subsidies, Loans

We represent often municipalities and regions in their financing agenda. In some cases, small municipalities with less number of citizens have large assets to maintain. That makes it very difficult for them to reach on sufficient funds for such maintenance. We will advise you which subsidies you may apply for, either from the funds of the Czech Republic or form the integrated operational program (EU subsidies). You will benefit from our experience while evaluating other financing option for your municipality or region.

More than that, we assist to our clients among municipalities and regions to put together their full financing strategy including financing through banking loans. We represent them in negotiations with ministries, we help to draft applications and set up processes in a way so that they avoid any breaches of the subsidy conditions. We provide legal assistance in procedures related to budgetary discipline breaches, or failure to meet subsidy conditions. We will appeal on your behalf against erroneous decisions, and, if necessary, we proceed with a claim to the administrative court.

We further represent our clients in their negotiations with banks. We make sure you will have the best possible conditions in your loan agreement, and that you avoid any bad surprises in the future with fulfilment of the loan conditions and the loan repayment. We are on your side in disputes with loan providers and we make sure your rights are defended at best.

Procurements

Procurement proceedings to cover the needs of the municipality or region are closely related to the financing matters. Municipalities are responsible for the maintenance of theirs assets and some communications in their district. This may not always be easy and it is crucial to find the proper suppliers who can do this well. Nevertheless, this is a sensitive area with many strict procurement rules given by the laws to keep the public money distribution transparent and driven solely by public interests.

Procurement placement is hence administratively very burdening and connected with high volume of restrictive rules. It is quite impossible to successfully proceed with a procurement placement without an experienced lawyer. We have been working in this field for many years and so we understand the challenges very well. Additionally, we represent clients at the Office of the Protection of Competition, or the administrative courts respectively.

There is an inevitable link to the criminal responsibilities connected to the management of public finances. We often happen to be good advisors to public executives who being quite busy with a packed agenda around the municipality assets may easily make a misstep and be confronted with possible criminal charges. We are here for you to ensure that this does not také place and we are ready to defend you in case of actual criminal charges being raise in this instance. Finally, we provide legal assistance in daily affairs with entrpreneurs, non-profit entities or citizens. We represent municipalities and regions in court procedures whether that may be administrative court procedure or a private law dispute such as damage compensation or similar.

We provide especially the following services in the area of the self-government:

  • Municipalities and regions subsidies, representing at Ministry for Regional Development and the Finance Ministry;
  • Representing municipalities and regions in procurements, evaluation of offers, drafting documentation, due diligence;
  • Representation at the Office for the protection of the Competition and at the administrative courts;  
  • State controls, disputes under the Administrative Act, procedures for alleged budgetary discipline breach;
  • Legal assistance in drafting regional regulation;
  • Legal researches and memos concerning the related laws and rules.
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