Administrative and Constitutional Law

Administrative law and constitutional law determine the legal framework under which companies in Germany operate. Constitutional law sets the authoritative guidelines for government action at all levels. Administrative law regulates how authorities implement these requirements in administrative procedures. 

Both are relevant for companies: in applications and authorisations, in supervisory and control procedures and whenever new laws and government regulations affect their business activities. 

However, our advice goes even further: We support companies in making strategic decisions and help them recognise and implement the latest legal developments. Constitutional positions usually form the basis for formulating one's own legal interests in political procedures – whether at national or European level.  

Industry experience and expertise in constitutional law for companies 

Our team systematically incorporates constitutional law issues into the application of simple legal norms. Constitutional arguments are often decisive as to how companies' legal obligations are interpreted and limited. 

If a law violates fundamental rights even after its interpretation is decided or if courts refuse to interpret it in accordance with the constitution, we support our clients in asserting their rights before constitutional courts – for example in complaints of unconstitutionality or judicial reviews. 

We also specialise in providing expert opinions on the constitutionality of existing and planned laws and delegated legislation, particularly during the legislative process. As a result, companies are provided with a reliable basis for investment decisions and for dealing with new regulatory requirements. This is often the starting point for formulating their own positions in political processes. 

In administrative law, we assist companies in all phases of administrative proceedings – from applying for licences and permits to applying for subsidies. We ensure that the preparation and implementation are free of procedural errors so that administrative decisions are also valid with regard to possible third-party claims. 

At the same time, we safeguard our clients' procedural rights, for example when dealing with business and trade secrets. We support you in communicating with authorities and in negotiating with government agencies, for example when concluding public-law contracts or target agreements. 

On top of that – advice related to politics and associations (public affairs)   

In addition to our public-law advice, we assist companies with strategic decisions. We identify and assess political risks and establish the basis for effectively representing interests to politicians and associations – always with sound legal expertise. At the interface between business, politics and law, we combine our industry knowledge with an understanding of political and legislative procedures and with contacts among relevant decision-makers. We owe this not least to our numerous mandates for and with the public sector, ministries, state authorities and associations. 

Overview of services – administrative-law advice for companies 

Our lawyers specialising in administrative and constitutional law combine sound expertise with a deep understanding of official and political procedures. We provide advice on the following topics in particular: 

• Monitoring legislative procedures 
• Advice on issues of constitutional law and assistance with political representation and the enforcement of fundamental rights and legal interests in constitutional court proceedings 
• Assistance in administrative proceedings and negotiations with government agencies 
• Drafting and negotiating public-law contracts and target agreements 
• Reviewing companies' legal obligations and authorisation requirements (e.g. when converting operational processes or configuring facilities) 
• Reviewing official decisions (administrative acts) for their legality (in particular with regard to onerous secondary provisions) 
• Reviewing standards under delegated legislation (in particular local authority regulations) and assisting with judicial reviews 
• Advice on official acts of interference and public-law disputes 
• Strategic litigation before administrative and constitutional courts (public litigation) 
• Advice on special levies, laws governing fees and acts of state that are relevant to the economy 
• Strategic representation of interests at the interface between business, politics, associations and law 
• Evaluation and advice on legislative and political developments, networking with relevant decision-makers