Public Law

Decarbonization and the ecological transition toward renewable energy sources are becoming increasingly important, and in this field, administrative law plays a crucial role in shaping policies, programs, and incentives to promote the Green Economy, as well as in regulating energy markets and defining energy policies at both the national and international levels.

Companies in this sector must be able to quickly understand and adapt to the constantly evolving rules and policies involved in the numerous decarbonization processes underway in our country, in order to seize the many opportunities offered by today’s regulatory and legislative framework – especially in renewable energy.

Moreover, these companies must stay constantly up to date with environmental, health, and safety regulations relevant to the sector, which are closely monitored by the competent administrative authorities.

Our Public Law Department has a strong focus on the energy sector and decarbonization processes, with a well-established specialization in renewable energy from a regulatory standpoint.

Our professionals are able to guide companies in the sector through the complex web of administrative and regulatory rules and procedures, offering specialized legal services – both advisory and litigation – in matters concerning permits, authorizations, public incentives, and, more broadly, all regulated sectors (such as electricity, water, and gas).

Furthermore, our Public Law Department has extensive experience in infrastructure, urban planning and construction, environmental law, and public economic law, particularly in public procurement, public-private partnerships, public services, and services of general economic interest.

Consulting

Andersen professionals have extensive international experience and specialization in administrative law related to the energy sector, having worked on numerous complex domestic and cross-border cases. They can therefore assist companies quickly and confidently in understanding rules and procedures, and in preparing documentation to obtain licenses and permits for developing, building, and operating energy generation and transmission plants. Thanks to Andersen’s global offices, our consulting services extend to managing cross-border projects.

Our experts work seamlessly with the Corporate and Tax teams on administrative due diligence – both sell-side and buy-side – and to identify tools and incentives for promoting renewable energy and sustainable practices.

Legal Support

Our lawyers can also represent corporate interests in administrative and judicial proceedings for disputes with public entities, handling appeals before the Regional Administrative Courts (TAR) and before the Council of State in its judicial capacity, against measures issued by public administrations in all Public Law areas in which we operate.

Our areas and expertise

Administrative Law in Energy

We provide assistance throughout every stage of the administrative process, from submitting authorization requests to obtaining the permits and licenses needed to implement energy projects, from drafting technical documents and feasibility studies to participating in tenders for the award of concessions, authorizations, and funding.

We deal effectively with administrative obstacles related to the implementation of projects in the energy sector. We also strive to keep our clients up-to-date on legislative and regulatory changes affecting the sector, to ensure compliance with regulatory requirements and the legal security of their projects.

We are able to liaise quickly and effectively with all the relevant public administrations to obtain the issuance of the necessary authorizations and permits, with a problem-solving approach.

Regulatory Energy

Verification of compliance with the requirements and rules set by the various authorities and regulatory bodies operating in the energy sector, including the incentive schemes applicable to different projects.

Assistance in all proceedings within the competence of the GSE (the Italian energy services management company) for the issuance of certificates and qualifications and for the recognition and/or maintenance of incentive tariffs.

Legal assistance before the Lazio-Rome Regional Administrative Court (TAR) against proceedings adopted by the GSE and before the Lombardy-Milan TAR against measures taken by ARERA (the Italian Regulatory Authority for Energy, Networks and the Environment).

Environmental Law

Legal consulting on environmental law, with a focus on integrated environmental authorization, waste disposal, and remediation of contaminated sites; environmental impact assessment (EIA), strategic environmental assessment (SEA), and environmental sustainability assessment (ESA) procedures. In the same areas, we provide assistance in sanctioning procedures and appeals against administrative measures.

Regulated Sectors

Assistance in regulated sectors such as electricity, gas, and water. Legal assistance in the same fields.

Public Contracts

Legal and judicial assistance to both domestic and foreign companies and to public entities and corporations in public procurement, public-private partnerships, public services, public financing, concessions, and authorizations

In addition, we provide assistance to contracting authorities and concession-holding entities that have to deal with and manage proceedings for the awarding of public contracts, both through tender processes and concessions or other specific or particular administrative procedures.

Public Funding

We provide specific assistance in managing projects co-financed with European funds and in implementing the NRRP and SIE Funds (ESF+, ERDF, EAFRD, AMIF, PON SPAO [National Operational Program: “Active Employment Policy Systems”] and PON IOG [National Operational Program: “Youth Employment Initiative”]).

We also offer consulting on public and EU funding and grants provided by public bodies or financial institutions.