Government and private law
Although public authorities mainly exercise their powers under public law, they also regularly invoke private law, for example, in the case of collaboration issues, anterior agreements or land development contracts. They are also called to account for their actions under private law with growing frequency due to regulations and increasing assertiveness on the part of citizens. For instance, the judgment handed down by the Supreme Court in the Didam case has helped to clarify the way in which private law needs to be applied when a public authority sells land to multiple prospective (private) buyers.
Public liability
Public liability arises when any action or decision on the part of a public authority harms an individual or businesses. Liability on the part of a public authority may arise from lawful or unlawful action. This may result compensation claims based on a variety of sources ranging from errors when granting a permit to infrastructure interventions that cause economic damage.
Armed with specialist legal expertise and experience, Dirkzwager’s specialists offer solutions for complex public liability issues.
Direct contact with one of our specialists?
Our lawyers, civil-law notaries and tax specialists work closely together to provide customized advice and sustainable solutions, from a broad perspective.
- Dedicated specialists
- Pragmatic approach
- Personal and quick contact
Public-private partnerships
A public-private partnership (PPP) agreement exists where a public authority and one or more private legal entities (market parties) enter into an agreement for the implementation of a specific project or even jointly establish a legal entity as part of which they work together with each other. A carefully selected form of collaboration offers favourable opportunities for all of the parties involved, provided that clearly defined arrangements are made in advance and the risks are accurately identified.
Dirkzwager assists with different types of collaboration between public bodies and private parties, varying from the incorporation of private legal entities for public purposes and decision-making concerning collaboration to the choice of a public or private approach.
Anterior agreements
Anterior agreements fall under private law and spatial planning, and play an important role in collaboration between public authorities and economic operators for the purposes of area development. These agreements ensure that market parties contribute to municipal expenditure. Public authorities need to make unambiguous arrangements concerning the allocation of costs for environmental planning changes and infrastructure. This requires precise legal drafting. Important issues in this context include the prevention of disputes and the establishment of sound long-term relationships between the relevant parties.
Dirkzwager has expertise in formulating, evaluating, and conducting negotiations concerning anterior agreements which mitigate any financial risks as far as possible when amending environmental plans. Our specialists pay close attention to contractual details and potential legal pitfalls while drafting these agreements.
