Administrative Law
“They are a step ahead and are confident and firm in setting times.”
TopLegal
"Clients value them for their ability to be “very close to corporate thinking.”
Legalcommunity
In the administrative law area, Carnelutti has a practice group of highly specialized and skilled professionals. The firm’s lawyers are able to respond rapidly to client’s needs with expert, practical and thorough assistance to the highest standards, whatever type of client: state-run companies, public authorities and agencies, domestic and overseas companies, banks, other financial institutions or investment funds.
Carnelutti’s lawyers have expertise in the following major areas:
The firm’s services range from advice on administrative procedures through to legal proceedings before administrative courts (Regional Administrative Court and Council of State) and representation before arbitration panels.
Carnelutti’s administrative law experts work closely with their colleagues in other departments, especially those in Corporate and M&A, Tax and Banking & Finance, ensuring that clients receive a fully integrated and comprehensive service.
Public Contracts and Utilities
Carnelutti's expertise extends beyond standard public tender procedures, and now covers the more recently-introduced alternative procedures such as project financing, employing general contractors, public private partnerships (PPP), etc.
The firm's professionals regularly assist public authorities and other bodies governed by public law with:
The firm's professionals regularly assist private clients with:
Public Finance
With their extensive experience in public finance and public accounting, Carnelutti's administrative law professionals are acknowledged leaders in their field. The firm's clients include local authorities, health agencies, regional authorities and companies. The firm regularly acts for banking clients also with respect to the securitization and assignment of receivables from public authorities, and has built up expertise in the negotiation of loans for public authorities, procedures for insolvency of public authorities and public financing.
Town-Planning and Construction
Carnelutti has specialist lawyers skilled in town-planning, construction and environmental law, areas where it assists both commercial organisations and government or public authorities, both in contentious and non-contentious matters.
Amongst other tasks, the firm's lawyers assist in obtaining authorizations for construction works or licenses, arranging public financing and state aids and supporting the client from the very first steps, taking part in the preliminary feasibility study phases, through intermediate steps and up to the final stages, including the preparation of applications for licenses, occupancy and similar certificates and liaising with the relevant authorities.
The firm also assists and advises on all forms of compulsory purchase procedure required for land acquisition prior to proceeding with any kind of public works development.
Environmental Law
The firm's environmental law services include assisting businesses in setting up and converting manufacturing operations that may potentially impact on the environment. Carnelutti's specialist lawyers are not only expert in the technicalities but also sensitive to the issues which frequently arise, so clients are in skilled hands as they are guided through the process which involves addressing the complex body of laws and regulations of competent authorities (basin authorities, Regional Environmental Protection Agencies [ARPAs], park authorities, municipalities, provinces, etc.). The firm's services also include liaising with public agencies and monitoring and regulatory authorities, preparing opinions and providing on-going consultancy.
Energy and Renewable Energy Sources
The recent liberalization of the electric power and gas markets has created radical new scenarios and fresh opportunities for Carnelutti's clients in this sector.
The firm's lawyers and other professionals provide expert guidance to ensure clients have available the very best in legal support and advice on all issues connected to power and gas production, distribution and transport, in this strongly-growing market, especially in the area of power production from renewable energy sources.
The firm's specialists have a proven track record in the following key areas:
Commercial Licenses and Development of Commercial, Manufacturing and Logistics Sites
Carnelutti's experts are on hand to assist its clients from start to finish, right from the preliminary phase involving the examination of town-planning regulations applicable to the area concerned by the envisaged commercial site, changes to existing zoning instruments (if required), and through to the phase preliminary to the issue of all permits, clearances and authorizations required to develop the site and subsequently operate it.
The firm's acquired expertise in this area enables it to respond with strategies and to devise solutions to meet specific client needs however diverse they may be, including: splitting the total gross floor area into several independent business facilities (to simplify the procedure); executing agreements with the relevant authorities for phased development; assigning authorizations; expanding sales areas; the regulation of store opening hours and days; the service of food and beverages inside the sales facilities; etc.
Carnelutti's professionals give practical legal advice on both day-to-day business and on the assessment of plans aimed to bring the proposed site to full compliance with the applicable regional and national laws and regulations. The firm can also assist its corporate clients operating in the commercial, manufacturing and small-manufacturing industries with advice on the availability of state aid and incentives for such new commercial and other sites.
Health and Pharmaceuticals
Carnelutti provides a full range of legal services (contentious and non-contentious) to the health services industry and specifically to private clinics, long-term healthcare facilities, pharmacies, state health agencies and public hospitals with respect to a wide range of issues. Examples - but not an exhaustive list - include the issues of authorizations, the accreditation of healthcare facilities and subsequent agreements with these facilities to operate within the national health service, executing agreements with public and private entities, contract matters, outsourcing, privatization of heath agencies through conversion into companies and foundations, regulations on health and pharmaceutical services.
The administrative law professionals at Carnelutti are also delighted to be working with client companies operating in the pharmaceutical, dietary-supplements, medical devices and cosmetic industries in matters related to marketing authorizations, contracts with health agencies for pharmaceutical supplies, clinical trials, distribution and advertising.