Regional self-government

LAW

We assist with drafting local regulations, too. We have long-term experience in this area of law that is quite peculiar compared to the standard agenda of general lawyers.


Municipalities and regions in the Czech Republic are being challenged with variety of legal problems on a daily basis. Most of them connect to their financing. Rules for subsidies for municipalities and regions following strict and often perplexing qualifications, or the rules for expenses connected with them performing delegated state duties, these all are administratively very demanding processes defined through quite complex laws.

 

 

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 be always 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 well all the challenges connected thereto. We represent clients also 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 the packed agenda around the municipality assets may easily make a misstep and be confronted with possible criminal charges. We are here for you to keep you away from similar faults. And we are ready to defend you in case of actual criminal charges being raised.


Last but not least, we provide legal assistance in daily affairs with entrepreneurs, 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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