Our legal system fully safeguards the right to effective court protection against those actions or omissions of public entities that damage citizens and companies’ rights and interests. In this area lawyers are required to have an in-depth knowledge of the relevant material law and mastery of the applicable procedural law.
Our team has extensive knowledge in all areas of public law litigation, including administrative litigation, administrative arbitration, proceedings before the Court of Auditors, constitutional litigation and proceedings before the European Court of Human Rights.
Administrative Litigation and Administrative Arbitration
At Morais Leitão we are particularly well prepared to face the new challenges of the administrative justice system, such as rejections of administrative acts, injunctions for the performance of acts by the administration, actions regarding agreements, injunctions for the access to documents held by the administration, civil liability actions and preventive injunctions.
In addition to our experience in administrative courts, we also have solid experience in arbitrations involving administrative law issues, including contractual issues.
As part of our procedural and arbitration experience, we have breadth and depth experience in litigation relating to construction contract agreements, concessions, planning issues, environmental matters, civil service law and litigation of community funds.
Litigation in Court of Auditors
Proceedings have been increasingly verified in the Court of Auditors for application of sanctions to professionals who held or hold public positions, often with the application of sanctions.
With solid knowledge of this procedural area and of the practice of the Court of Auditors, at Morais Leitão we are able to provide advice in the context of audit procedures, successive supervision and processes related to liability for financial infractions.
Constitutional litigation and proceedings in the European Court of Human Rights
In many cases, only a last instance court specially aimed at protecting Fundamental Rights can effectively ensure the rights of citizens and enterprises. That is why, in various cases, the intervention of the Constitutional Court and of the European Court of Human Rights in Strasbourg is so important.
In our team there are lawyers specialized in fundamental rights, constitutional law and application of the European Convention of Human Rights, specially aimed at dealing with the procedural specificities that have to be fulfilled to present a case at one of these courts.