Administrative law – specialist advisory to local governments and municipal companies

Our experienced and dynamic team has a thorough knowledge and understanding of the specificity of the local government sector.

SMM Legal offers a comprehensive range of specialist legal services dedicated to local government authorities and their units. The unrivalled combination of expertise and experience of our interdisciplinary specialist team ensures the highest quality of the services we offer to local government entities.

Selected services:

  • Comprehensive legal services for local governments, their associations and organisational units, including municipal companies and publicly funded establishments,
  • Representation before public administration authorities and administrative courts,
  • Comprehensive corporate services to municipal companies, including support for local governments in exercising their rights under shares
  • Specialist legal advisory on the provision of public services by local governments, with special emphasis on the following tasks:
    • water and sewage management,
    • cleanness and maintenance, especially with respect to waste management,
    • water, air and soil protection,
    • protection against noise and radiation,
    • public transportation,
    • housing projects,
  • Drafting and analysing a broad range of local government legal documentation, with special focus on local laws,
  • Drafting and analysing draft documents on environmental protection, including waste and water management (e.g. contracts, rules, resolutions),
  • Advisory on obtaining permits and licences required for municipal companies to run a specific activity,
  • Support in applying for funding for infrastructural projects, including support in obtaining EU funds,
  • Legal advisory in matters related to the application of the Public Procurement Law Act, opinions on drafts contracts, terms of reference and rules in public contract-awarding procedures, as well as oversight in terms of compliance with law.

Selected recent projects

  • Extensive legal analysis of a support system developed by a commune for its housing projects company, with special focus on state aid issues (estimated value of support - ca. PLN 40 million),
  • Comprehensive legal advisory to local governments and municipal companies with respect to the implementation of the Act of 9 Jane 2016 on the rules applicable to the remuneration of managers in certain companies (Journal of Laws 2016.1202), including the drafting of resolutions and other instruments aimed at aligning the companies’ legal framework of with the new law,
  • Reorganisation of the system of delegating local government tasks to municipal companies and organisational units in one of leading Polish cities,
  • Drafting expert opinions focusing on the option to contract the tasks in the field of waste collection and management to municipal companies and publicly financed entities on the basis of in-house contracting mechanism,
  • Development of a concept to merge publicly financed units and convert them into one company in a rural-municipal commune in the Wielkopolska region with the aim to optimize service provision by the commune (the project involved the development of the conversion plan and legal advisory throughout the process, including the drafting of relevant documentation),
  • Preparation of a schedule and legal information on the procedure of contracting commune’s own tasks in the field of public transportation to a municipal company,
  • Drafting of legal information on the status of municipal companies a “subjects of public law” in the context of amended public procurement law,
  • Due diligence of a project consisting in the construction of a biodegradable waste recovery installation (the contract involved a legal audit of the management’s actions in the context of the project, and audit of contracts, including a co-financing agreement worth over PLN 21 million, from the perspective of legal compliance) 
  • Support for a public health care provider in developing a concept of an investment involving an extension and modernisation of an existing hospital (advisory comprised the selection of the optimum investment variant and identification of legal risks inherent in various investment models, including a public-private partnership option),
  • Preparation of a legal expert opinion on possible ways of allocating income due to waste management fees collected by the commune, including the surplus recorded in the previous financial year,
  • Legal expert opinion on possible forms of cooperation between communes holding interest in a waste management company,
  • Drafting of a set of resolutions governing the waste management system in one of rural-municipal communes in the Wielkopolska region,
  • Legal expert opinion on the settlement rules concerning a special purpose subsidy awarded by a commune to a Voluntary Fire Fighting Unit,
  • Legal expert opinion on refusal to award the status of a Regional Municipal Waste Processing Installation to a municipal waste processing plant.

Responsible partner

dr Marlena Kruszyńska-Kośmicka