Discover in detail our legal services in the field of Public & Regulatory Law

Public & Regulatory Law

Serviços de Legal - Direto Público

Enforcement of Public & Regulatory Law represents a challenge for public and private entities. The need for adequate, promt and objective legal support is essential for decision-making.

PwC has solid and extensive experience working with public and private entities, either on the different matters that arise from relationships between them, or on the application of administrative law and enforcement of regulatory standards that proliferate across different sectors and become real obstacles to the management of entities and organizations.

Our Clients seek advice on specific issues, using our wide range of services in the Public & Regulatory Law area, either within the scope of a project or an operation, or on issuance of legal opinions and legal information.

Serviços de Direito Público – Serviços de Legal da PwC

The Public & Regulatory Law Team accompanies, in particular, the following matters:

  • Support in day today interactions with Public Administration, ensuring predictability and risk control.
  • Structuring requests and accompanying administrative procedures, preparing applications, legal opinions, and contractual or procedural drafts, and conducting negotiations with public entities.

  • Preparation and submission of requests for access and reuse of administrative information, including deadline management, hierarchical appeals, and representation of economic operators before CADA.

  • Support in the development of internal transparency policies and document management processes that reduce litigation and response times.

  • Advisory services to economic operators at all stages of public procurement procedures leading to the execution of Concession Contracts, Public Works Contracts, and Contracts for the Supply of Goods and/or Services, among others:
    • At the procurement stage, defining the participation strategy, analyzing the tender documents, structuring proposals and substantiating technical and economic requirements, as well as providing support with clarification requests, submissions during the prior hearing phase on reports, administrative challenges, and the management of prelitigation and precontractual litigation.
    • During the contract execution stage, supporting contract management, requests and control of additional works, price revisions, deadline extensions, requests for restoration of the contractual economic financial balance, subcontracting, assignment of contractual position, and incidents of noncompliance (e.g., preparing responses to draft decisions imposing contractual penalties or, in extreme cases, contract termination), thereby mitigating sanctioning and reputational risk.
  • Conducting legal compliance audits in public procurement and delivering training programmes for commercial, procurement, and operations teams.

  • Drafting guidance manuals on compliance with obligations arising from public procurement legislation and related regulations.

  • Support in the development of real estate, industrial and infrastructure projects, from legal and urban planning due diligence and legal feasibility analysis of projects, through requests for prior information (PIP), analysis in light of detailed plans and allotment operations, to licensing and prior communications.

  • Analysis of the legal feasibility of projects and urban planning proposals in light of territorial management instruments and other constraints resulting from environmental protection regimes (e.g. RAN, REN, Natura 2000 Network).

  • Support in the analysis and submission of statements within public consultations, as well as in the structuring of administrative appeals and judicial challenges relating the tax assessment (e.g., fees for the construction, maintenance and reinforcement of urban infrastructure, compensation for lack of land transfer to the municipal domain).

  • Advice throughout the entire life cycle of electricity, oil, petroleum products and gas assets, renewable energies and networks, including electric mobility.

  • Support in production and exploration licensing procedures (including self-consumption, UPAC and energy communities), grid connection requests and capacity upgrades.

  • Support in the purchase and sale of renewable asset portfolios, negotiation of power purchase agreements (PPAs), and asset operation and maintenance contracts.

  • Planning and support in the execution of strategies in the context of environmental licensing procedures, including environmental impact assessment and conformity report, industrial emissions, noise, soil and environmental liabilities.

  • Advice on procedures for obtaining operator licences, structuring and negotiating contracts with waste management systems, as well as transactions involving waste, by-products or other materials with similar characteristics.

  • Preparation of legal opinions on issues related to waste production and management, product packaging and issues related to extended producer responsibility and other specific waste streams.

  • Support in procedures for obtaining usage rights (e.g. collection, discharge, occupation), public water domain usage regimes and compatibility with territorial and environmental constraints. 

  • Support in monitoring and updating environmental obligations (in particular regarding environmental liability and soil contamination) and compliance audits.

  • Advice on administrative offence procedures (e.g., response to inspections and defence in sanctioning proceedings), with the aim of ensuring the operational continuity of the production unit.

  • Preparation of recommendation manuals regarding compliance with obligations arising from applicable environmental legislation.

  • Advising private healthcare operators on the licensing, operation and supervision of establishments before the competent public authorities, namely INFARMED, ACSS and ERS, including service provision, quality and safety models.

  • Support throughout the life cycle of regulated products (medicines, medical devices, cosmetics and food supplements), from obtaining the relevant authorisation to import, distribution and marketing procedures.

  • Conducting legal compliance analysis of all product communications, including advertising, labelling and promotional materials.

  • Support in obtaining and maintaining territorial and online gaming licences, structuring concessions and contracts with suppliers, approving rules and platforms, and communicating with the regulator.

  • Structuring and implementation of compliance and internal control programmes, responsible gaming policies and regulatory reporting, and representation of operators in inspection and sanctioning proceedings, ensuring operational continuity and licence protection.

  • Advising economic operators on the import, export, transit and brokering of defence and dual-use goods and technologies, including licensing before the competent authorities and the implementation of internal compliance controls.

  • Support in the interpretation and application of the applicable legal framework on security and defence, embargoes, sanctions and export controls, as well as in liaising with relevant national and international entities.

  • Advice to expropriated individuals at all stages of the expropriation procedure.

  • Legal representation in contentious expropriation proceedings aimed at determining compensation, as well as in reversion proceedings.

  • Support in industrial licensing (SIR), including the installation and operation of establishments, relevant changes and closure.

  • Advice in other sectors such as veterinary medical centres, private and cooperative educational establishments, and postal and transport services, ensuring interactions with the competent authorities.

  • Representation in administrative litigation and administrative offence proceedings.

  • Support in proceedings for the challenge of administrative acts, administrative claims and injunctions, as well as hierarchical appeals and other administrative remedies.

  • Support and representation in pre-litigation and negotiation, seeking ways to regularise and mitigate risks to the business.

  • Definition of strategy and planning of public procurement procedures, including choice of procedure, structuring of lots and scheduling.
  • Drafting and legal review of procedural documents (tender programme, tender specifications, invitations, draft contracts).

  • Definition and validation of contract award criteria, factors and sub-factors, and tender evaluation models.

  • Legal support to the procedure jury, including analysis of proposals, requests for clarification, preliminary and final reports. 

  • Advice during the preliminary hearing phase, response to written hearings and preparation of the award decision.

  • Support for the conclusion of the contract, verification of qualifications, guarantees, bonds and legal formalities.

  • Representation and advice in pre-contractual litigation and precautionary proceedings.

  • Legal support to the contract manager, including definition of monitoring and control methodologies.
  • Analysis and legal framework for contractual amendments, supplementary work and deadline extensions.

  • Advice on requests for price revisions and restoration of the financial balance of the contract.

  • Legal framework for non-compliance, application of penalties and activation of contractual guarantees. 

  • Support in the provisional and final acceptance of works and in the legal and financial closure of the contract.

  • Preparation of legal opinions on incidents of contract performance.

  • Legal and urban planning analysis of territorial management instruments (PDM, PU, PP) and respective regimes for land use, occupation and soil transformation.
  • Support in the drafting and revision of municipal regulations on urbanisation and building, as well as the occupation of public space.

  • Advice on the drafting, amendment, revision and suspension of territorial management instruments.

  • Legal framework for urban operations, including land subdivisions, urbanisation and building works. 

  • Support in the investigation, processing and decision-making of licensing procedures, prior notification and authorisation of use.

  • Analysis of the urban compatibility of public and private projects with territorial management instruments.

  • Advice on expropriations, administrative easements and public utility restrictions.

  • Legal support in urban rehabilitation procedures and implementation units. 
  • Representation and advice in pre-litigation and urban litigation.

 

  • Preparation of legal opinions on the validity, effectiveness and enforcement of administrative acts.
  • Legal support in conducting complex administrative proceedings.

  • Advice on drafting and reviewing administrative regulations.

  • Legal framework for the delegation of powers and decision-making models. 

  • Support in the implementation of internal procedures for responding to requests for access to administrative information.

  • Legal framework for access restrictions, data protection and commercial secrecy.

  • Advice on processes for the reuse of administrative documents.

  • Opposition to and monitoring of subpoenas for the provision of information, consultation of proceedings and issuance of certificates.

  • Representation of public entities in administrative actions for annulment, conviction, recognition of rights and non-contractual civil liability.
  • Opposition and submission of administrative injunctions, including suspension of effectiveness, as well as other urgent proceedings, such as subpoenas for the defence of rights, freedoms and guarantees.

  • Representation of public entities in administrative arbitration proceedings (public procurement, construction contracts, urban planning, concessions).

  • Support for regulators and supervisory entities throughout the regulatory cycle, from policy definition to regulatory drafting, implementation, monitoring and enforcement.
  • Support for supervision with risk-based plans, requests for information, inspection guidelines, checklists, compliance reports and corrective measures.

  • Drafting and reviewing sectoral regulations, technical standards, instructions and soft law instruments, with management of public consultations and stakeholder hearings.

  • Structuring and legal framework for licensing regimes, authorisations, registrations and other activity permits, including requirements, deadlines, fees and decision criteria. 

  • Advice on sanctioning and administrative offence proceedings.

  • Implementation and review of regulatory compliance programmes under the RGPC, including the development of plans to prevent corruption risks and related offences, as well as codes of ethics and conduct.
  • Implementation and operation of reporting channels.

  • Legal support in compliance audits and internal control actions.

  • Legal training for managers and employees on matters of integrity and public ethics. 

  • Sponsorship and advice in administrative offence proceedings brought by MENAC, including the preparation of written defences and judicial challenges.

  • Support in defining models of administrative organisation and institutional governance.
  • Drafting and review of internal statutes and regulations.

  • Advisory services on governance models for the public business sector.

  • Legal training and capacity building for agencies and services. 


Meet those responsible for the area of Public and Regulatory Law.
Speak to PwC's legal services experts!

Tiago Silva Abade

Legal Partner – Head of Public Law & Data Protection, PwC Portugal

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Tiago Silva Abade

Tiago Silva Abade

Legal Partner – Head of Public Law & Data Protection, PwC Portugal

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