14 Public law

ARST Avocats acts as a public law attorney for local authorities, public institutions and bodies, private companies, managers and actors involved in the public sphere.

The firm assists its clients in both public law advice and pre-litigation and administrative litigation, particularly in local government law, public business law, public procurement and public contracts, institutional law, electoral law and constitutional law.

This practice is based on a concrete knowledge of the functioning of local authorities, administrations and public institutions, enabling the firm to combine the legal analysis of public law rules with an understanding of the operational and institutional constraints faced by public actors and the companies that work with them.

Public law attorney: advice and litigation

Public law governs both the organization and operation of public entities and their relations with businesses, citizens, and their various partners.

ARST Avocats intervenes in all the main issues of administrative law and public law encountered by its clients.

Our intervention may include, in particular:

• analysis of administrative regulations;
• the interpretation and application of the texts governing public action;
• support in the preparation of administrative decisions;
• the drafting or securing of acts, deliberations and regulations;
• the law of local authorities;
• institutional law;
• public business law;
• public procurement and public contracts;
• contractual relations between public entities and companies;
• electoral law;
• constitutional litigation;
• appeals against administrative decisions;
• More generally, litigation before administrative courts.

The firm intervenes both to legally secure a decision or project upstream and to defend the interests of its clients when a dispute arises.

Law of local authorities and public institutions

ARST Avocats assists local authorities, public institutions and public bodies with legal issues related to their organization and operation.

Our intervention may include, in particular:

• the organization and functioning of local authorities;
• the skills of local authorities and their establishments;
• the preparation and securing of deliberations and decisions;
• the relationships between local authorities and public institutions;
• analysis of applicable skills and procedures;
• statutory and institutional issues;
• local finances and the legal issues associated with them;
• the civil service and contract staff;
• the relationships between communities, elected officials, agents and partners;
• the legal securing of projects carried out by public entities.

The firm can also assist public entities in thedevelopment of regulations, administrative acts and legal mechanisms, from the analysis of the normative framework to ensuring their secure implementation.

The General Code of Local Authorities is one of the main texts governing the organization and operation of local authorities.

Public business law and relations between companies and public entities

ARST Avocats also assists private companies in their relations with public entities.

Public business law requires companies to take into account specific rules when contracting with a community, a public institution, the State or more generally an organization subject to public law.

Our intervention may include, in particular:

• the analysis of the legal framework applicable to an operation involving a public entity;
• contractual relations between companies and public entities;
• the interpretation and execution of public contracts;
• the difficulties encountered when performing a service for a public entity;
• administrative decisions affecting the activity of a company;
• the legal remedies available to challenge a decision made by an administration;
• disputes between a company and a public entity.

This practice allows us to support the company both before the conclusion of a transaction and during its execution or in the event of a dispute with an administration or a public authority.

Public procurement and public contracts

Public procurement is one of the firm's main areas of intervention in public law.

ARST Avocats assists both buyers and public entities as well as companies bidding for or holding public contracts.

The firm can intervene in matters including:

• preparation and securing of procurement procedures;
• analysis of consultation documents;
• calls for tenders and public procurement ;
• analysis of applications and offers;
• support for candidate companies;
• execution of public contracts;
• interpretation of contractual documents;
• modification of contracts currently being executed;
• difficulties in execution;
• termination and consequences of the end of the contract;
• settlement of disputes between buyers and holders;
• challenging the procurement procedures;
• public procurement disputes.

Our intervention thus combines public procurement advice and litigation, both for public entities and for companies involved in a public contract.

The rules relating to public procurement and, more broadly, to public procurement contracts are grouped together in the Public Procurement Code.

Appeal against an administrative decision

A company, a community, an association or an individual may be faced with an administrative decision that affects their rights or interests.

ARST Avocats intervenes to analyze the legality of the decision, determine the available avenues of appeal and define the strategy to request its withdrawal, modification, suspension or cancellation when the conditions are met.

Depending on the situation, our intervention may include:

• the analysis of the legality of an administrative decision;
• the preparation of an informal or hierarchical appeal;
• the appeal for abuse of power ;
• full legal appeals;
• emergency procedures before the administrative judge;
• administrative summary proceedings ;
• compensation claims directed against a public entity;
• the defense before the administrative court;
• the procedures before the administrative courts of appeal and the Council of State.

This litigation practice allows the firm to intervene both as plaintiff, to challenge an administrative decision, and as defendant of a community or public body whose decision is being appealed.

Administrative litigation

ARST Avocats assists its clients in the various phases of administrative litigation, from the initial analysis of the dispute to representation before the competent courts.

The firm intervenes in particular before administrative courts and administrative courts of appeal, as well as in proceedings that may fall under the jurisdiction of the Council of State.

Our intervention may involve:

• appeals against administrative acts and decisions;
• contractual disputes;
• disputes relating to public procurement;
• compensation claims;
• summary proceedings;
• the difficulties related to the execution of an administrative decision;
• the defense of public figures whose actions or decisions are being challenged.

Our public law litigation is part of the firm's broader litigation culture.

Electoral law and election disputes

ARST Avocats also intervenes in electoral law and electoral litigation.

This practice may concern candidates, elected officials, communities and other actors facing a difficulty relating to the organization or regularity of an election.

Depending on the nature of the election and the dispute, the firm can intervene in matters including:

• electoral regulations;
• organisation of electoral operations;
• eligibility and applications;
• voting process;
• contesting electoral operations;
• electoral propaganda and communication;
• campaign financing and accounts;
• election disputes;
• proceedings before administrative courts or the Constitutional Council.

The firm has particular experience in legislative election litigation before the Constitutional Council. A published decision of the Constitutional Council dated January 27, 2023, mentions Bruno Questel as a lawyer in a case relating to the election of a member of parliament.

Constitutional law and litigation before the Constitutional Council

The firm's public law practice also includes a constitutional law.

ARST Avocats can intervene in issues relating to the application of constitutional standards and in procedures falling under the jurisdiction of the Constitutional Council, particularly when these are linked to electoral disputes or a question of constitutionality.

This activity benefits from a particular knowledge of national institutions, their functioning and the standard development process.

The firm may in particular be called upon to intervene in the analysis of constitutional questions, in electoral disputes falling under the jurisdiction of the Constitutional Council, as well as in issues relating to a priority question of constitutionality (QPC).

Standard development and regulatory compliance

The practice of public law is not limited to litigation.

ARST Avocats also assists public actors in the design, drafting and securing of regulatory and administrative systems.

This intervention may involve the analysis of the applicable legislative and regulatory framework, the identification of the competence of the authority concerned, the preparation of the necessary acts and the anticipation of the risk of litigation.

The institutional experience present within the firm allows us to understand these issues not only from the perspective of the legality of the standard, but also from that of its development and concrete implementation.

A particular experience of local authorities and public institutions

ARST Avocats' public law practice is based in particular on the experience of Bruno Questel, a lawyer with dual training in public and private law and in-depth knowledge of local and national institutions.

Before and alongside his legal practice, he held various positions within public institutions, including mayor, vice-president of a department, and member of parliament. He also worked in the National Assembly, the Senate, and a government ministry.

His parliamentary work focused in particular on local authorities, decentralization and local public action. He was rapporteur for the Law Committee on texts relating to "engagement in local life and proximity of public action" as well as to the differentiation, decentralization, deconcentration and simplification of local public action.

This experience contributes to the firm's ability to support local authorities, public institutions and companies operating in the public sector, both in advisory and litigation matters.

Public law: supporting public actors as well as businesses

Public law lies at the intersection of institutions, administrative action, and economic activity.

A local authority may need to secure a decision, regulation, or public contract. A company may wish to respond to a public procurement procedure or challenge an administrative decision. An elected official or candidate may face an electoral dispute.

Our approach consists of combining administrative law, local government law, public business law, public procurement, electoral law and administrative litigation in order to offer a response tailored to each of these situations.

As apublic law attorney, ARST Avocats assists public entities, local authorities, companies and institutional actors both in securing their projects and in defending their interests before the courts.