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Public law

We make public task fulfillment legally secure. And better.

At KPMG Law, we know the special requirements of the public sector. We are aware of the state’s focus on the fulfillment of public tasks and we are aware of its financing options or their limits. We always keep the challenges posed by the public’s attention in mind and combine them with our extensive experience in the special regulations governing governmental action.

That is why we have put together a team of advisors with experts from all relevant areas of law, in order to be able to advise the public sector holistically in the fulfillment of its tasks and in the interaction between the state and the private sector.

Consulting focus

  • Energy Law

    The implementation of the energy and climate turnaround is a tour de force for all areas of our society – in Germany, Europe and ultimately also worldwide. The extensive, constantly evolving regulatory requirements fundamentally interfere with existing business models for energy suppliers, grid operators, municipalities and (large) consumers. We support our clients in complying with regulatory requirements and turning new requirements into opportunities.

  • European, constitutional, municipal and budgetary law

    The framework for state action is set by European, constitutional, municipal and budgetary law. This framework regulates the economic activities of the state, the organization of public task fulfillment and the state’s relationship with citizens and companies. We advise the public sector and its companies on the resulting possibilities, obligations and limits. With our expertise in civil service law, we also advise on the structure of public sector employment relationships.

  • EU state aid and subsidy law

    Government grants are used to cover efficiency gaps for investments and services. These benefits must not lead to distortions of competition and create duties of care for the recipients of the benefits. We advise the public sector and its companies on how these grants can be awarded and used in a legally secure manner.

  • Higher education and science law

    The importance of research and science is constantly increasing. We advise universities, scientific institutions as well as research-based industrial partners on the design and implementation of successful projects on financing, contract design and contract management. We also have extensive expertise in advising on administrative and higher education law, IP and data protection law, employment law, infrastructure and legal project management.

  • Law of the health care industry

    Ensuring modern medical care is and remains one of the most important tasks for the public sector. Regulatory requirements, demographic change, shortage of skilled workers, cost pressure and digitization are the key challenges here. With our knowledge of the industry and our extensive legal expertise, we support our clients in taking advantage of the opportunities in the healthcare markets with legal certainty.

  • Environmental and planning law

    Construction of new infrastructure must be in compliance with environmental and planning laws. We advise the public sector and its companies on how to manage these processes safely, efficiently, and expeditiously while ensuring appropriate transparency to all parties involved.

  • Public procurement law

    Public procurement law is intended to ensure economic efficiency and competition in public sector procurement. We advise clients and bidders on how to make the best possible use of the possibilities offered by public procurement law, not only to procure in a legally secure manner, but above all to achieve the scheduled and economic goals.

  • Public commercial law

    Public business law defines the framework for economic activities of all public sector enterprises. It contains rules for admission to competition as well as rules for conduct in competition and includes regulatory law and trade law. We advise the public sector and its companies on the legally secure use of entrepreneurial freedoms.

Explore #more

09.11.2023 | KPMG Law Insights

Mantelverordnung: New rules for mineral substitute building materials

On 01.08.2023, a number of laws came into force or were amended with the framework ordinance on the recycling of mineral waste: the ordinances on the introduction of a substitute building materials ordinance, on the revision of the Federal Soil Protection and Contaminated Sites Ordinance and on the amendment of the Landfill and Commercial Waste […]

18.10.2023 | KPMG Law Insights

EU third country subsidy regulation: This applies to M&A transactions

Since October 12, 2023, companies have new reporting requirements. The European Commission has armed the EU Third Country Subsidies Regulation (DSVO). State aid law already prohibits EU member states from granting preferential treatment to individual companies, thereby giving them a potential competitive advantage. The goal: free and undistorted competition on the European internal market. With […]

27.09.2023

Guest article by Mario Urso and Simon Meyer in RECYCLING magazine

The plethora of environmental regulations is increasingly presenting companies with major new challenges. But what specifically needs to be done now in dealing with packaging in order to be compliant? Simon Meyerfrom KPMG Law and Mario Urso from KPMG AG provide answers in the new issue of “RECYCLING magazin” (p. 52 ff.) RECYCLING magazine 09 […]

19.09.2023

Guest article by Isabelle Knoché and Jasmin Runge on greenwashing in W&V

Greenwashing is increasingly becoming an image and legal problem. Where are the boundaries and how should brands set up their communication on sustainability? Isabelle Knoché and Jasmin Runge answer the most important questions in W&V, as targeted measures can significantly reduce the risks of greenwashing charges. You can find the entire article here .  

13.09.2023 | KPMG Law Insights, KPMG Law Insights

eForms: New standard forms for contracting authorities

As of October 25, 2023, contracting authorities may only use the new eForms for publications. This is provided for in the Implementing Regulation (EU) 2019/1780, which the EU Commission has already adopted on September 23, 2019. The eForms are the new standard for posting notices of intended and executed procurements on the Tenders Electronic Daily […]

08.09.2023 | KPMG Law Insights

On the Differentiation of the Concept of Enterprise in Value Added Tax and State Aid Law

The following text is a contribution from our newsletter Cross Section Science. What is an economic activity or an enterprise characteristic under German VAT law does not necessarily have to be so under state aid law (and vice versa). In practice, for example, the classification of a company’s activities as “non-economic” under state aid law […]

17.08.2023 | KPMG Law Insights, KPMG Law Insights

Transformation of public procurement law: this is how the consultation went

The Federal Ministry of Economy and Climate Protection (BMWK) is working on a procurement transformation package and has held a public consultation. These are the key points and highlights of the discussion. “Dare to make more progress” – This is the slogan of the coalition agreement between SPD, Bündnis 90/Die Grünen and FDP. According to […]

08.08.2023 | KPMG Law Insights, KPMG Law Insights

Heat Planning Act creates investment security for heating systems

On July 21, 2023, the Federal Ministry of Housing, Urban Development and Building (BMWSB) submitted a revised draft of the Heat Planning Act. The Heat Planning Act is expected to be approved by the federal cabinet in the coming weeks. The background: The planned Building Energy Act (GEG) amends the legal framework on the installation […]

13.06.2023 | KPMG Law Insights

The amendment of the General Block Exemption Regulation 2023

EU state aid law is currently undergoing a “wave of amendments”. In recent months, the Commission has increasingly clarified, supplemented and adapted existing state aid regulations. The new General Block Exemption Regulation (GBER) 2023, focused on below, was adopted on March 9, 2023 [1] and will enter into force after publication in the Official Journal. […]

15.03.2023 | KPMG Law Insights

The revised 2022 Union Framework for Research, Development and Innovation

The revised 2022 Union Framework for Research, Development and Innovation On October 19, 2022, the revised Union Framework for Research, Development and Innovation entered into force.[1] According to EU Competition Commissioner Margrethe Vestager, it aims to facilitate “public-private investment in breakthrough innovation and research, as well as testing and trial infrastructure” to support Europe’s environmental […]

Cross section science

For a scientific look at legal issues, check out our regular newsletter, Cross Section Science.

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Here you will find further articles by our KPMG Law Expert:in on current public law topics on KPMG Klardenker, the blog of our cooperation partner KPMG AG Wirtschaftsprüfungsgesellschaft:
10.02.2023 | Henrik-Christian Baumann

Start-ups and administration hand in hand: rethinking procurement

How startups can be better considered in public tenders.

14.10.2022 | Dr. Moritz Püstow

Commission takes a closer look at subsidies from non-EU countries

Internal market and European companies to be better protected.

Publications

Public construction – sustainable climate-friendly

To meet climate targets, emissions in the building sector must be reduced by over 43 percent in the current decade. This requires high investments, new materials and new building technology. We show how the law can be used to address these challenges

Climate-friendly construction with a shadow price for CO2 emissions

How the public sector can tender construction projects to achieve its climate protection goals

Sustainable public procurement

Training to educate procuring entities to contribute to strengthening sustainability through public procurement and to fulfill legal obligations.

The public sector has so far engaged in inadequate climate protection

There is a need for action on the part of states, cities and municipalities for more climate protection, otherwise there is a threat of risks. Our whitepaper provides recommendations.

Cross section science

KPMG for universities & research institutions

Your contact

Dr. Moritz Püstow

Partner
Solution Line Head Public Sector
Head of Public Law and Environmental Social Governance (ESG)

Klingelhöferstraße 18
10785 Berlin

tel: +49 30 530199129
mpuestow@kpmg-law.com

© 2023 KPMG Law Rechtsanwaltsgesellschaft mbH, associated with KPMG AG Wirtschaftsprüfungsgesellschaft, a public limited company under German law and a member of the global KPMG organisation of independent member firms affiliated with KPMG International Limited, a Private English Company Limited by Guarantee. All rights reserved. For more details on the structure of KPMG’s global organisation, please visit https://home.kpmg/governance.

 KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

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