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Administrative law

The LLBR Firm carries out judicial, extrajudicial and consulting activities in the field of administrative law, and in particular in the following areas:

Health Law

The Firm follows various health facilities, nursing homes, hospitals “classificati” (religious hospitals), rehabilitation centers, outpatient centers, diagnostic centers and laboratories, assisting them in their relations with the Ente regionale (Regional Entity) for the establishment of the annual budget for hospitalization, day-hospital, outpatient and rehabilitation activities and the signing of the relevant contract (pursuant to d.lgs. no. 502 of 1992 and subsequent modifications).

It drafts applications for the annulment of the measures adopted by the Region, before the Administrative Judge and before the Ordinary Judge, depending on the subject of the dispute and with reference to the division of jurisdiction established by the Suprema Corte di Cassazione in Joint Sections (most recently Corte di cassazione Joint Section judgment no. 31029 of November 27, 2019).

In addition, the Firm follows the healthcare facility throughout the authorization phase (for activities with private individuals only) and accreditation with the Servizio Sanitario Regionale (Regional Health Service, SSR). In the case of privately-owned facilities that provide services for the Servizio Sanitario Regionale (Regional Health Service, SSR), the experts of the Firm follow the entire prodromal phase of obtaining institutional accreditation and its subsequent renewals: this, in particular, is done by providing the necessary assistance during the preliminary phase of verification of compliance with the regulations in force by the Region, as well as verification by the competent Azienda Sanitaria Locale (Local Health Authority, ASL) of the state of the organization and the hospital structure.

The Law Firm also drafts any legal proceedings before the Administrative Judge against the measures providing for the denial of the request for authorization and the one for accreditation.

Finally, the Firm assists the healthcare facility throughout the entire phase of the automatic and external analytical controls carried out by the Ente regionale (Regional Entity) for inappropriateness and inconsistency.

The consultancy activity of the Firm also extends to the action of contesting such control operations before the possible third-party body, provided for by the Regional Regulations, or in the starting process of the planned arbitration procedure, starting the application with the proposition of the questions and the relative inquiry activity until the final decision.

Environmental Law

The firm operates in the field of environmental law and in particular:

  • in the field of waste management, having collaborated with regional bodies for the realization of disposal plans; in the field of water resources management (purification and water management), participating in the constitution of some Ambiti Territoriali Ottimali (Optimal Territorial Areas, ATOs) in the Italian territory;
  • it carried out activities of Amministrazione attiva (Active Administration) at the Ministry of the Environment (technical secretariat) in the field of soil defense, following the action of several Autorità di Bacino (Basin Authorities), providing support to the drafting of the Piani stralcio di assetto idrogeologico (Plans for Hydrogeological Set-up, PAI) and to the control activity of management and expense of state funding in favor of the Region and Municipalities;
  • the Firm has operated within the Servizio Conservazione della Natura (Nature Conservation Service), carrying out control activities of the deliberative acts of the Enti parco (Park Entities), following the identification and delimitation of the protected areas in general (in compliance with Law no. 394 of 6 December 1991 and subsequent modifications); it has also assisted the Enti parco (Park Entities) in drafting the regulations and the park plan;
  • the Firm works in favor of associations and committees that carry out activities in the field of environmental protection and sustainability, taking care of actions for: the protection of protected natural areas, also via administrative judgments; the application of the 1998 Aarhus Convention on access to information, public participation in decision-making processes and access to justice in environmental matters;
  • the Firm works in the field of the reclamation of areas; it has assisted Associations or Committees on issues of toxic and harmful waste spillage; in particular, it has counselled a Citizen Committee by following the whole procedure of reclamation of a large quarry (located in a peripheral area of Rome) subject to illicit spillage of more than 300,000 m3 of toxic and harmful waste, participating in the whole phase of the conference of the services initiated by Roma Capitale up to the removal of all the toxic and harmful material and until the land reclamation phase;
  • the Firm works in the field of renewable energies, keeping up with the establishment of wind and photovoltaic facilities and following all the administrative authorization phases from the installation phase to the connection at the GSE.

Urban planning and public and private residential construction

The Firm deals with urban planning, planning and protection of the territory, also on behalf of different territorial bodies; it gained a wide expertise in the field of private and public residential construction and social housing. Indeed, the Firm counts many Cooperative edilizie (Construction Cooperatives) among its clients, which have benefited and are still benefiting from regional contributions ex Law no. 167 of 1992 and from construction programs specifically provided for by article 51 of Law 865/1971;

The Firm follows the whole phase of the constitution of the Cooperativa edilizia (Construction Cooperative), the request for the assignment of the areas as “diritto superficiario” (i.e. “leasehold”) by the Amministrazione comunale (Municipal Administration), the possible assignment of the regional contribution, as well as the definition of the maximum price of sale in reference to the CER surface created; it also takes care of consultancy activities for the Cooperativa during: the control activity carried out by the Inspectors of the Ministry for the Economic Development; the construction of the social housing, with the negotiation of the procurement contract; the assignment of the housing both in lease and definitive cession.

Authorities Measures

The Firm has an extensive experience in the field of challenging measures taken by the Authorities: CONSOB, AGCM, AGCOM, IVASS, Privacy. In particular, it has followed administrative litigation procedures on behalf of stockbrokers, SIM (Società di Intermediazione Mobiliare) companies, insider trading procedures, etc., with the consequent challenge of the sanctions ordered by CONSOB or by the Bank of Italy, as well as disputes against measures of exclusion from external and internal competitions, as well as career advancement procedures ordered by CONSOB; or regulatory measures of specific matters adopted, for instance, by the Bank of Italy to regulate the procedures meant to verify the incompatibility of the position of revisori contabili (auditors) within credit institutions.

With regard to the AGCM, the Firm has initiated complaints for violation of the rules of cuncurrency, assisting the client throughout the procedure until its closure; it has also assisted companies addressed by a proceeding of internal infringement of procedure rules, following the entire proceeding, including the application phase before the Administrative Judge.

Società miste (Joint Enterprises)

The Firm also acquired extensive experience in the establishment of joint enterprises, particularly with respect to those established for the management of environmental services and landfills involving territories of several local governments, as well as the ones established for the management of water purification services.

Project finance

In addition, the Firm curated consultancy activities for the implementation of infrastructure or works in project finance (regulated by article 183 of d.lgs. no. 50 of 2016), in the field of the construction of landfills, for the implementation of urban regeneration interventions and for the construction of hospital facilities.

Service and public works contracts, concessions

Similarly, the Firm took care of numerous procedures for the procurement of services in the field of management of waste and water, security services, as well as control services in the context of airport sites or airlines, following any possible applications before the administrative courts; the Firm also curated numerous procurement competitions in the field of public works up until the awarding phase, subsequently having to resist or challenge the acts before the administrative courts.

Mediation in complex administrative proceedings

The Firm has specific expertise in the field of mediation in complex administrative procedures such as conferences of services or program agreements under Law no. 241 of 1990 and subsequent modifications for the construction of complex infrastructure, delimitation of protected natural areas, identification of hydrogeological constraints, production facilities or identification of industrial areas.

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Tel: +39 06 85300769 Mon – Fri 09:00-17:00