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Public & Administrative Law

Overview

Our public and administrative law team has a deep understanding of the workings of governments, legislative bodies, and regulatory agencies at both the Belgian and EU levels. We can handle all aspects in this area of law, with a particular focus on highly regulated industries, public procurement, and shaping new legislation.

On a daily basis, we advise and assist clients in both the public and private sectors on a wide range of constitutional and administrative law issues. If necessary, we litigate these issues on their behalf in civil and administrative courts at all levels.

We have extensive experience developing, defending, and challenging policies and regulations in various sectors subject to government regulation, including energy, healthcare and life sciences, defense, postal and logistics services, construction, chemicals, waste management and recycling, IT & telecommunications, betting and gambling, and media and entertainment.

Our Assistance Includes

  • We provide expert advice on all aspects of public and administrative law, including constitutional law. Our areas of expertise include administrative appeals, administrative penalties/sanctions, subsidies, licenses, government contracts, concessions, the operation of public companies, access to public information (open-records laws), human rights, separation of powers, and government liability.

    Our multidisciplinary team’s expertise also extends to State aid, foreign subsidies, the allocation of special or exclusive rights, sanctions, export controls, and customs regulations.

    We provide expert advice on all aspects of public and administrative law, including constitutional law. Our areas of expertise include administrative appeals, administrative penalties/sanctions, subsidies, licenses, government contracts, concessions, the operation of public companies, access to public information (open-records laws), human rights, separation of powers, and government liability.

    Our multidisciplinary team’s expertise also extends to State aid, foreign subsidies, the allocation of special or exclusive rights, sanctions, export controls, and customs regulations.

  • Our team of seasoned litigators has extensive experience with administrative and judicial proceedings on public and administrative law issues. We frequently represent public and private actors in proceedings before national courts, the Council of State, the Constitutional Court, and the European Courts (General Court and Court of Justice of the EU). This includes challenging or defending legislation, contract awards, licenses and grants. It also includes representation in damages actions against public authorities based on government liability, including that resulting from unlawful legislation.

    Our team of seasoned litigators has extensive experience with administrative and judicial proceedings on public and administrative law issues. We frequently represent public and private actors in proceedings before national courts, the Council of State, the Constitutional Court, and the European Courts (General Court and Court of Justice of the EU). This includes challenging or defending legislation, contract awards, licenses and grants. It also includes representation in damages actions against public authorities based on government liability, including that resulting from unlawful legislation.

  • Thanks to our in-depth understanding of the legislative process at both the Belgian and EU levels and our expertise in legislative drafting techniques, we are often called upon to draft, interpret, and implement legislation. Our lawyers assist governments, trade associations and companies in shaping new legislation. We have been involved in high-profile legislative initiatives and have assisted governments throughout their legislative processes.

    Thanks to our in-depth understanding of the legislative process at both the Belgian and EU levels and our expertise in legislative drafting techniques, we are often called upon to draft, interpret, and implement legislation. Our lawyers assist governments, trade associations and companies in shaping new legislation. We have been involved in high-profile legislative initiatives and have assisted governments throughout their legislative processes.

  • Our lawyers support contracting authorities and companies throughout the tender process for the procurement of works, goods, or services. We offer advice on bidding, review tender documents, challenge award decisions, draft and negotiate contracts, and advise on complex compliance issues. We also have a proven track record litigating disputes before Belgian and European judicial authorities in this field. Click here for more information about our services.

    Our lawyers support contracting authorities and companies throughout the tender process for the procurement of works, goods, or services. We offer advice on bidding, review tender documents, challenge award decisions, draft and negotiate contracts, and advise on complex compliance issues. We also have a proven track record litigating disputes before Belgian and European judicial authorities in this field. Click here for more information about our services.

Insights

Client Alert | 11 min read | 08.06.25

The New EU “Pharma Package”: The “Bolar” exemption – A comparison of Commission/Parliament/Council positions

In this sixth alert in our weekly series on the EU Pharma Package, we focus on the proposals of the European Commission, European Parliament and Council of the EU for another topic with a highly debated scope and with diverging interpretations across EU Member States: the “Bolar” exemption....

Representative Matters

  • Assisted the Belgian Federal Government in establishing the regulatory framework for the development of the wind farms to be built in the Princess Elisabeth Zone off the Belgian coast and in notifying the European Commission of the State aid scheme.
  • Represented a Belgian construction company in a challenge against a contract award decision by a public-private partnership in the Antwerp port area.
  • Successful Council of State litigation against the Belgian Federal Government relating to the new regulatory framework on ventilation- and air purification requirements of public venues.
  • Represented a Belgian electricity producer and supplier in proceedings before the Belgian Constitutional Court contesting a nuclear windfall tax.
  • Representing a trade association before the Council of State challenging government reforms to the healthcare system and lobbying on behalf of trade organizations to overcome barriers for the launch of medicinal products.
  • Assisted a US defense company with a submission for a Public-private partnership project initiated by the Flemish Government, involving the DBFM of a mother vessel and three fast tender vessels.
  • Assist one of the largest dredging companies in the world in its bid for the construction of a new bridge, in a project with a public procurement value of over EUR 250 million.
  • Represented a telecommunications operator as intervener in an appeal by several individuals and associations against its temporary 5G spectrum licenses.
  • Representing a major player in the gambling sector in two procedures before the Belgian Constitutional Court challenging a ban on advertising for games of chance.
  • Advised an energy holding on resolving bidding process irregularities and subsequent remedial actions, including government communications, within the framework of a hydrogen project.
  • Represented a client in an appeal against a letter by the Belgian Ministry of Health restricting the use of certain additives in tobacco products.
  • Assisted Event Confederation and its members in litigation against the Flemish Government's single-use plastics regulation.
  • Representing a sports betting operator and a group of newsagents in proceedings before the Council of State challenging restrictions on the possibility to offer sports betting in press shops.
  • Representing a manufacturer of cigarette paper and filters in proceedings before the Council of State challenging neutral packaging laws.
  • Represented Belgian gaming operators in appeals before the Council of State challenging a royal decree that restricted advertising for online games of chance and the use of bonuses.
  • Advise a postal group on the public procurement and State aid aspects of initiatives to support access to e-government services and digital inclusion of vulnerable groups.
  • Successfully challenged a royal decree creating an additional betting license and reserving it exclusively to the National Lottery.
  • Represented a television production company in an appeal against an amendment to the tax shelter law before the Belgian Constitutional Court.
  • Advise a multinational aerospace and defense company on the scope of the EU Foreign Subsidies Regulation (FSR) on bids in public tenders in the EU, as well as on how to prepare for notifications.
  • Acted before the Belgian Constitutional Court in a challenge to the constitutionality of federal energy saving legislation and the way in which these affect landlords' ability to apply consumer price indexes to automatically increase rent.
  • Litigation on behalf of the Belgian Federal Government regarding the refusal of permits to asylum seekers.

Insights

Client Alert | 11 min read | 08.06.25

The New EU “Pharma Package”: The “Bolar” exemption – A comparison of Commission/Parliament/Council positions

In this sixth alert in our weekly series on the EU Pharma Package, we focus on the proposals of the European Commission, European Parliament and Council of the EU for another topic with a highly debated scope and with diverging interpretations across EU Member States: the “Bolar” exemption....

Recognition

“Crowell & Moring boasts an ‘excellent, well-resourced and high-calibre team in Belgium’, representing clients in complex disputes arising from the competition, employment, corporate, and public law spaces.”

– Legal 500 EMEA, 2025

Insights

Client Alert | 11 min read | 08.06.25

The New EU “Pharma Package”: The “Bolar” exemption – A comparison of Commission/Parliament/Council positions

In this sixth alert in our weekly series on the EU Pharma Package, we focus on the proposals of the European Commission, European Parliament and Council of the EU for another topic with a highly debated scope and with diverging interpretations across EU Member States: the “Bolar” exemption....

Professionals

Insights

Client Alert | 11 min read | 08.06.25

The New EU “Pharma Package”: The “Bolar” exemption – A comparison of Commission/Parliament/Council positions

In this sixth alert in our weekly series on the EU Pharma Package, we focus on the proposals of the European Commission, European Parliament and Council of the EU for another topic with a highly debated scope and with diverging interpretations across EU Member States: the “Bolar” exemption....

Insights

Client Alert | 11 min read | 08.06.25

The New EU “Pharma Package”: The “Bolar” exemption – A comparison of Commission/Parliament/Council positions

In this sixth alert in our weekly series on the EU Pharma Package, we focus on the proposals of the European Commission, European Parliament and Council of the EU for another topic with a highly debated scope and with diverging interpretations across EU Member States: the “Bolar” exemption....