Umbricht Attorneys advises and represents public institutions on the communal, cantonal and federal level, as well as in issues of European law and (economic) international law.
Our public sector clients include official authorities, state entities, parliaments, government offices, departments, communities, public-law institutions as well as public officials, officeholders and members of parliament.
Public law matters frequently involve having to carefully consider varying interests. We remain politically neutral and independent at all times. That is an essential prerequisite when carrying out our examinations and preparing opinions. Also clients whom we afterwards represent in proceedings value our balanced estimation of the situation beforehand.
Our team carries out research, clarifications, (internal) investigations and training and will edit and draft regulations and legal opinions. We have summarised some example situations which potentially might arise and to some degree also set out our solutions to assist you.
Your state entity enquires whether it can expropriate property or neighbour rights.
Your authority deals with the drafting of normative acts or is looking for appropriate regulatory instruments.
Your authority is faced with new questions of interpretation when faced with requests regarding the issuance of licences or permits.
The qualification of an expenditure as bound or new is unclear.
Your municipality seeks to establish collaboration with other public authorities in order to carry out some of its public functions jointly.
Your state entity has to verify the validity of a proposal for a public referendum.
A municipality has to adjust its building zone to the latest federal law.
Our know-how and wide experience enable us to work out elegant solutions and give carefully considered advice taking into account all the internal and external circumstances. We have summarised some example situations which potentially might arise and to some degree also set out our solutions to assist you.
Your authority wishes to outsource certain public duties (e.g. privatisation, public private partnerships).
Your office, in addition to its administrative duties, also performs commercial services. The question arises as to whether such activity is permissible.
Your authority is faced with employment law issues relating to employees or members of the authority.
Questions arise as to personnel management in connection with the execution of certain public obligations.
extending from internal conflict management, handling disputes between government bodies, to defending claims of state liability or supervisory complaints. Below you will find examples of public institutions involved in dispute situations, followed by the principles we apply to find solutions.
Disputes have arisen arising out of a cooperation agreement between your municipality and other public bodies.
The work of your office or individual officers has been severely criticized in public, and deficits denounced; or your authority has been criticised for not having carried out a project properly or for massively exceeding costs budgets.
Your authority or state entity has to defend or make claims in administrative proceedings.
Your authority is confronted by a supervisory complaint.
Your authority is faced with claims arising out of State liability or wishes to make such claims.
Your municipality complains that a cantonal decision or normative act affects your local autonomy.
A police officer is accused of having used confidential internal information in return for favours.