Public and administrative law

Kellerhals Carrard traditionally has broad knowledge on and extensive experience in the fields of constitutional and administrative law. We are well recognized as experts on matters of administrative law on all three governmental levels (federal, cantonal and municipal) in almost all areas of public law. In particular, we advise our clients on the entire range of regulatory issues in life sciences, health, drug and food law, in public economic law, in approval and infrastructure matters, in construction and planning law, in public procurement procedures and related proceedings in court.

We advise government agencies, state enterprises, other public entities and private organisations with functions in the public sector as well as private persons who exercise state power. We offer a broad range of services covering all different kinds of legal services such as legal opinions, drafting bills and motions, consulting on and leading proceedings before government agencies and courts in all public law matters.

Our clients benefit from individual, tailor-made solutions to their issues. We lead them to their goals efficiently while considering both the big picture and related questions in other fields of practice.

Competences

Constitutional and administrative law

How can an organization get parliament to discuss a political idea? How can an association influence politics in order to turn its ideas into law? Which industrial undertakings need approvals and permits to operate? Is the fee levied on a company by the municipality constitutional? Kellerhals Carrard can advise and support its clients efficiently in all these and many other matters relating to constitutional and administrative law and public economic law. Our experts have broad experience in supporting legislative projects, assessing the validity of public legislative initiatives or helping make new laws clear, legally valid and simple to understand. Furthermore, we also support clients in approval proceedings for products or operational businesses, in public procurement procedures or in verifying whether fees and taxes have been billed correctly.

Life sciences and health law

Kellerhals Carrard advises its clients in the life sciences and health law field on many regulatory issues regarding drugs (e.g. applications for clinical trials or for the Swissmedic speciality list), medical devices and food products, in matters of violation of health, drug or food laws (e.g. illegal discounts or advertising), and in regulatory matters for doctors or private hospitals, such as approvals for medical offices, cooperation agreements between hospitals and doctors or tariff matters.

Construction, planning and environmental law

Kellerhals Carrard advises private contractors and project entities or government agencies in planning procedures on all levels and fields of cantonal or municipal law and in federal planning approval procedures. We also assist our clients with the implementation phase, in proceedings for construction approval or in expropriation proceedings. We help our clients overcome obstacles and represent their interests before agencies and courts in an efficient way.

Infrastructure

In the transport and energy field, we advise infrastructure and grid operators or service providers on the structuring and financing of projects or on the legal implementation of new strategies in liberalized markets.

Administrative Procedures

We also represent our clients in administrative proceedings before agencies and courts and in all fields of public law and social security law. We also support them in public criminal proceedings or in matters relating to administrative proceedings such as drug law matters.

Immigration Practice

We assist and advise our private and corporate clients in seeking authorizations, permits and visas to enter in Switzerland for all purposes (with or without professional income, for education, family grouping, etc.) as well as other matters of immigration or emigration.  

We also perform the required procedures for our clients to obtain temporary or permanent residency permits and work permits, as well as their renewals.

Our firm also assists its clients in obtaining Swiss citizenship.

Experience

Public Procurement:

Advising the hearing device sector (manufacturer and acoustician) in connection with a public procurement procedure by the Federal Office of Public Health for the purchase of hearing devices to be covered under disability insurance and social security laws.

Construction and Infrastructure:

In the course of the rearrangement of the financial equalization and task sharing among the Federation and the Cantons (NFA) the Federation became the new owner of the highways. Together with the real estate, all the connected rights and liabilities passed from the Cantons to the Federation (contracts in rem and obligatory contracts, decrees and concessions). Kellerhals carried out the electronic collection of the contracts for the Federal Roads Office.

 

Pharmaceutical:

Advising pharmaceutical associations concerning the revision of drug regulations (e.g. rules on reimbursement, parallel trade with drugs).

Deals / cases / references

Legal Opinion on the admissibility of a removal obligation in relation with repurposed agricultural buildings

Legal Opinion on the admissibility of an initiative to promote and enforce the use of renewable energy

Legal Opinion on possibilities to convert a hotel and restaurant in the non-building area