«un arrêté, une décision de l’autorité administrative, ou une action, un fait de l’administration qui a rapport a ses fonctions», voce Acte administratif, in Répertoire universel et raisonné de jurisprudence, I, Parigi, 1812, 65
The firm provides advice and assistance in environmental and energy law across several areas:
– Establishment and operation of production and commercial activities (including power plants, landfills, waste treatment and recovery facilities, quarries, mines, concessions for aqueducts and installations), from planning through to administrative proceedings;
– Strategic Environmental Assessment (SEA) and Environmental Impact Assessment (EIA) procedures;
– Siting, establishment and modification of power plants (with particular attention to the relevant legislation and administrative procedures, including the acquisition of concessions, authorisations and permits);
– Construction and operation of renewable energy installations (wind, natural gas, geothermal, hydro, solar, etc.);
– Proceedings before the Regulatory Authority for Energy, Networks and Environment (ARERA).
The firm also handles disputes before both administrative and ordinary courts.
Urban planning and real estate matters require specific expertise in managing relationships with and between Public Administrations (in particular Municipalities, Provinces and Regions) and private individuals, companies or other entities wishing to undertake construction activities.
This encompasses issues relating to urban planning, with particular focus on protection in the context of land use planning and programming — including the drafting and assistance in the execution of planning agreements and public-private partnership proposals.
The firm also advises on expropriation, compulsory acquisition and other ablative proceedings in connection with public works of any kind, with a view to ensuring that persons subject to expropriation are afforded the guarantees (financial and otherwise) provided by law and recognised by case law.
Assistance further extends to all construction activities. In collaboration with technical professionals, the firm offers comprehensive advice and assistance.
"The evolution of the concept of urban planning [...] has thus led to a situation where the object of planning is no longer considered solely the built environment of the territory, nor does it pursue only a purpose of architectural embellishment or sanitary safety, but [...] the ultimate aim of a regional plan is to achieve a balance between population, economy and territory. It concludes in an organised distribution of population and employment and therefore affects the structure of the centres and territories that form an integral part of it." (Benvenuti F., Scritti giuridici, Vol. II, Vita e Pensiero, Milano, 2006, pp. 1459–1460.)
Alongside territorial governance, a significant body of sectoral legislation has developed in relation to cultural heritage and landscape. Legislative Decree No. 42 of 22 January 2004 (Cultural Heritage and Landscape Code) is one of the cornerstones of this area, setting out the comprehensive framework for the conservation, protection and enhancement of cultural heritage.
Within this framework, the firm provides legal advice and assistance:
– to private individuals, such as owners or holders of movable and immovable property of artistic, archaeological and historical interest (e.g. planning and administrative proceedings for works on protected assets, verification of cultural interest, cultural interest declarations and related appeals, use and transfer of assets, free-circulation certificates and refusals, expropriation, management and enhancement of assets, etc.);
– to public bodies, both in the exercise of their specific cultural heritage protection duties and in the fulfilment of other functions in compliance with the special rules applicable to cultural heritage.
Competitive tendering procedures for project financing and procurement of works, services and supplies — qualified assistance to protect significant interests.
Project financing is today one of the principal instruments for the implementation of works, infrastructure and their concession.
This includes the possibility (under Art. 153 of the Procurement Code) for the project financing initiative to originate directly from the private sector, subject to a public utility assessment and approval by the contracting authority.
The firm offers comprehensive assistance and advice (including judicial proceedings) at all stages of a project financing arrangement, from preliminary phases (e.g. proposal preparation or tender evaluation) through to participation and execution. This takes into account the complexities, highly technical aspects and specific legislation affecting companies, concessionaires, financiers and promoters on one side, and public bodies and administrations on the other.
The firm also advises on public procurement procedures for the award of contracts for works, services and supplies — a sector in which frequent legislative revisions and constant judicial intervention require ongoing legal support.
Assistance is provided:
– to the public authority: preliminary analysis, tender document drafting, procedural management (including as Procurement Officer — R.U.P.) and general advice;
– to companies and businesses participating in competitive procedures: full assistance throughout the procurement process, from preliminary analysis (including requirements and qualifications) through to participation, review of results and contract execution;
– in the preparation of bids;
– in the conclusion of consortium and sub-contracting arrangements.
Assistance extends to any subsequent litigation, including challenges before administrative courts (e.g. award decisions) and ordinary courts (e.g. contract performance disputes).
