Work Areas - Public Law
The firm's specialists deal with a broad range of questions under public law. Particularly, the firm is involved in advising a number of regulatory bodies of Sovereigns on the drafting, interpretation and implementation of laws and regulations. The ambits covered are various including quality control, citizenship law, environmental law, including management of natural resources. The firm possesses an understanding of the different procedures involved and appreciate the different approaches and strategies that are required when public law issues arise.
Legislative drafting and principles of constitutional government
The pace and complexity of developments in legislation can create significant pressure for drafting teams with limited resources – especially those in small or developing jurisdictions. LEX CONSULTING relies, among its partners and associates, on senior practitioners who have acquired their unique experience while drafting legislative instruments on various matters on behalf of a number of Governments. Indeed whilst, in order to assist draftsmen in countries with limited drafting expertise, digests of "model laws" have been published mainly care of international organisations and scholars, a major limitation of such kind of tools is that these are by their own nature not suitable to match the specific needs and complexities of each country into a given sector, having regards to its constitutional form, latitude, culture and a number of additional factors affecting the enforcement of laws in everyday life. When it comes to legislative drafting, lawyers at LEX CONSULTING also have specific know-how as far as laws concerned are to be suited at the top of the hierarchy of legal norms. Because of their long-term experience including within primary international organisations, some of our experts have been focusing for years on the drafting of constitutional laws, covering the form of State as well as fundamental rights (not to mention some of the many sectors involved) supporting Governments of small or developing countries seeking assistance both to set forth adequate legislation or revising legislation already in place on such sensitive issues.
Governments largely regulate telecommunication because by its nature broadcasting transcends States’ boundaries and, as such, is subject to regulation and control by various national administration in concomitance. Usually, in view of the high technical nature of telecommunication, Governments delegate their authority to public entities whose mandate is to regulate and control "radio communications" including transmission of writing, signs, signals, pictures, and sounds of all kinds. Based on such assumptions, our lawyers regularly work with policymakers and authorities involved at various levels in order to help shape policy, to develop industry strategies and to solve specific industry problems. LEX CONSULTING represents and works with trade associations that develop national and global business policies in areas of importance to clients, and builds industry coalitions when necessary. In all these efforts, our lawyers are committed to focusing on a full range of commercial, policy and industry perspectives to solve our clients' business problems and to help our clients seize the opportunities that are available to them. Communication law issues covered by our team's expertise covers both content and carriage of traditional broadcasting and cable as well as internet and any means of telecommunication.
Energy and Environmental
In the fields of energy, natural resources management and environmental law the firm helps clients to establish or maintain their positions on regulated markets, including before a regulator and/or the relevant courts. When it comes to energy, activities range from providing advice on regulatory matters, including representation before Italian and EU authorities, to the structuring of co-operations and agreements between market participants. As issues of environmental law are becoming increasingly important Lex Consulting has a strong background regarding the implementation of the Kyoto Protocol and the mechanisms of emissions trading.
Lex Consulting applies the world recognized definition of natural resources as follows "a good present in nature and potentially subject to human exploitation, such as commodities, mineral, of living origin, fossil organic non renewable, renewable energy, determinant to ecosystem and biodiversity". Most of our partners have a first-class experience on legislation regulating public management of such natural resources. They provide legal advisory services to Governments and other Public Institutions on a vast range of issues covering agricultural resources (including land and water management, plant and animal quarantine, food quality control and certification, forestry and wild life), environment and biodiversity, and mining (national mining codes with a particular attention to the establishment of a pertinent legal framework under which companies and private financial institutions, investors and foreign governmental entities may negotiate and conclude legal instruments, taking in account the idiosyncratic nature of the mining industry and its specificities). Partners have a deep experience in negotiating and drafting instruments regulating the above indicated matters and in many occasions they assist competent authorities in preparing national laws and regulations, intergovernmental agreements, legal instruments under which the private sector may act within the pertinent legislative framework. It should be noted that whenever possible, partners favorite participatory capacity building.