Public sector and regulation

Service Description
Awards AnD Media

We provide comprehensive legal and advisory services in the wide-ranging public sector field, namely to public administration bodies and their partners. Our clients include contracting authorities, recipients and providers of subsidies, Czech and foreign providers and suppliers of services to the public sector and participants to administrative proceedings. We standardly represent clients in proceedings conducted by the Office for the Protection of Competition, tax authorities, building authorities and other public authorities, and also in judicial proceedings. Our specialised team of experts in the Czech Republic and Slovakia deals with all legal areas relating to the public sector, including the compensation of damage caused by mismanagement of official affairs or by an unlawful decision issued by a public authority.

Why select us?

  • a specialised team of 30 lawyers for this practice area, located in 6 offices
  • more than 160 projects completed over the past three years
  • experience with and high expertise in all types of procurement proceedings
  • specialisation in and detailed knowledge of the relevant market segments (IT and telecommunications, construction and project design work, technology deliveries, professional consultation services)
  • unique referrals from governmental pilot PPP projects and regional PPP projects implemented in the Czech Republic and Slovakia
  • winner of the Law Firm of the Year award in the Public Procurement category in 2009, 2011, 2016 and 2016 and regularly ranked as a highly recommended law firm in this category
  • active participation in the team of experts at the Ministry for Regional Development dealing with amendments to the Public Procurement Act and the recodification of the public building law
  • active membership in professional associations: the Public Procurement Association (AVZ), the Infrastructure Development Association (ARI), and the Platform for Transparent Public Procurement
  • excellent knowledge of and experience with legislation; direct link to public administration including representation in the Government’s Legislative Council and in the Czech Bar Association’s public law commission
  • a team of specialists who have held management positions in public administration, including a former deputy to several ministers, heads of departments at the Office for the Protection of Competition, and a senior lawyer at the European Commission
  • ties with the academic circles thanks to lecturing at the Department of Administrative Law and Administrative Science, Faculty of Law, Charles University, Prague
  • experience with authorities and in pushing through projects across the political spectrum, throughout the Czech Republic

Our services

Public contracts from the perspective of the contracting authority and the supplier

  • consultations relating to the tendering process on the basis of best practices, recommending a suitable strategy to satisfy the contracting authority’s needs and to create contractual relationships with suppliers, utilisation of preliminary market consultations and innovative approaches
  • comprehensive organization of tender procedures or selected consultations during their process, including representation and assistance in proceedings before the Office for the Protection of Competition, the Public Procurement Office, and administrative courts
  • review of standard template public procurement documentation
  • assessment of public procurement contracts (as part of a due diligence) in terms of invalidation risks
  • review and practical set-up of internal public procurement rules
  • all-inclusive preparation and completion or a partial review of bids, including the coordination of many entities filing a joint bid, where applicable
  • preparation of statements of objections and proposals for the Office for the Protection of Competition, or the Public Procurement Office, and representation before courts
  • advice in relation to the competition rules in public procurement (bid rigging)

EU fund subsidies

  • for subsidy providers – thorough inspections of subsidising from the perspective of legal regulations and specific operational programme rules
  • for subsidy recipients – assistance in the tendering process, procedural defence in the event of reduction of subsidies due to a breach of programme rules

State aid

  • advice to providers and recipients of state aid and their competitors contesting illegal aid at the European Commission as well as at Czech courts

PPPs and concessions

  • legal analyses of utilisation of PPP projects and concessions
  • comprehensive legal advice in relation to the implementation of PPP projects (award proceedings)

Specific types of advisory in the public sector

  • advice and representation in disputes in connection with procedures pursuant to Act on free access to information
  • advice in relation to the Register of Contracts
  • advice and support to authorities of self-governing territorial units in connection with negotiations on relationships and projects pursuant to the Act on Municipalities, the Act on Regions and the Act on the Capital City of Prague


  • advice in connection with the law-making process
  • drafting bills, proposals to oppose or amend a bill, intended subject matter of regulations, Regulatory Impact Assessment, Corruption Impact Assessment, drafting analyses and opinions regarding existing or forthcoming legal regulations
  • support in promoting the legislation wording in all law-making stages
  • participation in expert law-making groups and involvement in the comment procedure
  • analysis and support in implementing the acquis into the Czech system of laws
  • legislation monitoring
  • compliance analysis, drafting internal guidelines and policies
  • assessing compliance of regulations with the Constitution and the acquis

Administrative and constitutional law

  • advice and representation in administrative proceedings
  • advice and representation in administrative judicial proceedings
  • advice on constitutional law matters and representation before the Constitutional Court
  • preparing legal opinions and consultations in relation to relevant substantive and procedural provisions

Czech Law Firm of the Year in the Public Procurement category
(2009, 2011, 2016, 2019).
The firm is constantly ranked among the most recommended
(top tier law) firms in the Czech Republic.

Pfr Cr En Oborove

Specialists from HAVEL & PARTNERS, led by partner František Korbel, counsel Jan Fikar, and associate Tomáš Kalenský, represented the City of Prague in the successful negotiation of the first cooperation agreement in accordance with the Prague Methodology of Investor Participation. On the basis of the Methodology, developers financially contribute to the development of the area […]
A specialised team of HAVEL & PARTNERS lawyers led by partner Josef Hlavička and managing associate Kamila Kulhánková successfully arranged the organisation of an architectural competition for the design of the new Vltava Philharmonic Hall in Prague. The winner was the Danish studio Bjarke Ingels Group. According to the plans of the city administration, the […]
As part of its pro bono activities, HAVEL & PARTNERS organized an architectural workshop for the Vlček Family Foundation, in which an expert jury selected the winning design for the reconstruction of the Cibulka estate in Prague. The Foundation plans to build a children’s hospice with a palliative centre there. The winning architectural studio, Petr […]
HAVEL & PARTNERS’ professional team provided long-term legal advice to the Ministry of Defence of the Czech Republic in connection with the preparation and negotiation of an inter-governmental contract for the purchase of the SPYDER Israeli air defence system from the state-owned company Rafael Advanced Defense Systems Ltd. for the Army of the Czech Republic […]
Authors: Ondrej Čurilla, Adéla Havlová The Court of Justice of the EU published a judgment that may be relevant for the framework agreement awarding practice. There is an established interpretation practice in the Czech Republic, and also established decision-making practice by the Office for the Protection of Competition, according to which a contracting authority is […]
A specialised team from HAVEL & PARTNERS provided full-service administration of an international architectural competition in which the design of the future first high-speed railway terminal in the Czech Republic was selected. The firm’s partner Josef Hlavička and senior associate Kamila Kulhánková from the specialised public sector team not only provided legal advice but also […]
Authors: Adéla Havlová, Csaba Csorba, Tomáš Halfar Dear Clients and Business Friends, We would like to use this opportunity to inform you about a partial, albeit significant, section of the forthcoming amendment to Act No. 134/2016 Sb., the Public Procurement Act (the “PPA”). The bill aims to clarify ambiguous interpretations of the commencement of the […]
Authors: Adéla Havlová, Romana Derková, Marek Jaroš Dear Clients and Business Friends, We would like to inform you about the fundamental decision of the Regional Court in Brno No. 31 Af 70/2018-138 (see here) of 27 May 2020 on the interpretation of Act No. 134/2016 Sb., on Public Procurement (PPA). In its decision, the Regional […]
Authors: Petr Kadlec, Jakub Kocmánek On 3 April 2020, the European Commission amended its Communication of 19 March 2020 called the Temporary Framework for state aid measures to support the economy in the current COVID-19 outbreak (the “Temporary Framework”).[1] We provided you with our roundup of the previous wording of the Temporary Framework earlier.[2] Precision […]
Authors: Adéla Havlová, Kateřina Staňková In connection with the declaration of the state of emergency, the issue of administrative procedural time limits in the current situation also arose[1]. The Administrative Procedure Code[2] does not generally regulate the issue of time limits during a state of emergency, but at the same time the situation affects the […]
Authors: Petr Kadlec, Jakub Kocmánek On 19 March 2020, the EU Commission published the communication “Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak” (the “Temporary Framework”).[1] The Commission acknowledged that the current situation in the EU Member States constituted a serious disturbance in the economy of a Member […]
Authors: Adéla Havlová, Romana Derková The Czech government has declared a state of emergency due to the health threat caused by the spread of coronavirus. [1] The contracting authorities are obliged to introduce strict measures and award certain essential contracts, such as for the supply of disinfectants, medical material, contactless equipment and related services as […]
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