Administrative and Constitutional Law

Administrative and constitutional law set the legal framework for how businesses operate in Germany. Constitutional law provides the key standards for state action at federal, state and local level. Administrative law governs how authorities apply those standards in administrative procedures.

For businesses, both areas matter in practice: when applying for permits and licences, during supervisory and inspection proceedings, and whenever new legislation or public regulation affects business models, operations or investments.

How we support you

We advise companies with a clear focus on outcomes in administrative procedures and public law disputes. We analyse the legal basis, the authority’s decision-making scope and the procedural steps that determine timing and risk. We identify the points where objections, submissions and negotiations can have a measurable effect.

Where regulation is changing, we support you early. This includes assessing draft laws and implementing measures, mapping their impact on your business and developing legally robust positions for dialogue with regulators and, where appropriate, for litigation. Our advice is precise and practical. We use clear language and keep the structure easy to scan.

Our services in administrative and constitutional law

We advise businesses in particular on:

• Managing administrative procedures and negotiations with public authorities
• Drafting and negotiating public law contracts and target agreements
• Assessing statutory obligations and permit requirements (for example when changing operating processes or reconfiguring facilities)
• Reviewing administrative decisions for legality, including burdensome ancillary provisions
• Supporting legislative processes (for example, with legal analysis and position papers)
• Assessing subordinate legislation (in particular municipal by-laws) and representing clients in judicial review (norm control) proceedings
• Advising on constitutional law issues and supporting constitutional litigation to protect fundamental rights
• Advising on sovereign interventions and public law disputes
• Strategic litigation before administrative courts and constitutional courts (“public litigation”)
• Advising on special levies, fee law and other public law measures with economic impact

Constitutional law expertise for business needs

Our team addresses constitutional issues systematically when applying and interpreting statutory rules. Constitutional arguments are often decisive for interpreting legal duties and for defining their limits in a way that is consistent with fundamental rights.

If a provision remains incompatible with fundamental rights even after interpretation, or if courts refuse a constitutionally compliant interpretation, we support clients in pursuing constitutional remedies. This includes constitutional complaints and judicial review proceedings (norm control).

A further focus is legal opinions on the constitutionality of existing and planned laws and subordinate rules, in particular alongside legislative processes. This gives businesses a reliable basis for investment decisions and for managing new regulatory requirements.

In administrative law, we support you throughout authority proceedings: from permit and licence applications to applications for public funding. We focus on error-free preparation and procedure so that decisions remain robust, including in the event of third-party challenges.

We also protect your procedural rights, for example when handling trade and business secrets. We support you in communications with authorities and in negotiations with public bodies, including the conclusion of public law contracts or target agreements.