Lawyer specialising in regulated sectors
Operamos en toda España y tenemos oficinas, a través de diversas colaboraciones, en Madrid, Barcelona, Sevilla y Córdoba. Si bien no contamos con delegaciones en el resto de territorios, podemos atender su asunto con máxima solvencia.
Concept of Regulated Sectors
Regulated sectors in Spain form an important discipline within special Administrative Law, with the regulatory function consisting of an activity of supervision, monitoring and control over certain economic sectors that are considered strategic or, at least, of great importance for society and which are therefore required to ensure the guarantee of minimum levels or standards of accessibility, quality and price for the benefit of citizens.
Thus, the purposes pursued by the regulation of these sectors are:
- To achieve a well-functioning market, guaranteeing free enterprise and free competition in the framework of the social market economy.
- Defence of the rights and interests of consumers and users.
- Defence and protection of the environment.
As such, this purpose is entrusted by the State to independent bodies, which are called “regulatory bodies” vested with extraordinary powers and faculties, although the supervisory function could also be conferred on administrative bodies integrated into the hierarchical structure of the Administration itself. Thus, as a supervisory body, it is worth highlighting the National Commission for Markets and Competition (Comisión Nacional de los Mercados y de la Competencia), which was formed in 2013 from the integration of six regulatory bodies:
- National Competition Commission.
- National Energy Commission.
- Telecommunications Market Commission.
- National Postal Sector Commission.
- State Audiovisual Council.
- Railway and Airport Regulation Committee.
In addition, the Bank of Spain supervises banking together with the European Central Bank in the framework of the Single Supervisory Mechanism, the securities market is supervised by the National Securities Market Commission, and insurance is supervised by the Directorate General of Insurance.
Classes of regulated sectors
- Energy sector: This sector includes the electricity sector, the natural gas sector, the oil sector and the energy sector (mainly concerning renewables).
- Communications sector: This sector includes the telecommunications sector, the audiovisual sector and the postal sector.
- Transport sector: This sector covers the air transport sector, the rail sector, the maritime transport sector and the road transport sector.
- Financial sector: This sector comprises the banking sector, the securities market and the insurance sector.
- Other regulated sectors: the healthcare sector, the gambling sector, the agri-food sector, the water sector, the waste management sector and the retail and consumer sector.
Roles of the lawyer specialising in regulated sectors
Within this speciality, lawyers specialising in administrative law and regulated sectors provide advice on various types of issues, such as:
- Defence in administrative proceedings before various regulatory authorities.
- Tenders for public tenders.
- Opinions and current legislative developments in these sectors.
- Drafting of agreements and contracts with Public Administrations.
- Defence of administrative sanctioning proceedings in this area.
- Administrative authorisations and concessions.
In each and every one of the administrative procedures related to these regulated sectors, it is possible to provide comprehensive legal advice both in the consultative phase and by deploying the appropriate defence in both the administrative and judicial (administrative litigation) phases.