Administrative Law
Administrative Lawyer
Defense against the State, administrative proceedings, public procurement and government contracts.
Free consultation
Defense against the State, administrative proceedings, public procurement and government contracts.
Free consultationAdministrative law governs the relationship between private parties and the State in all its forms. As administrative lawyers and a firm specialized in administrative litigation, we represent companies, individuals and organizations before government agencies at the federal, provincial and municipal levels, ensuring the protection of their rights against actions of the public administration across all jurisdictions.
Our team provides comprehensive advisory services in administrative appeals (reconsideration, hierarchical, hierarchical review), injunctions (administrative delay, collective and environmental), public employment (disciplinary proceedings, dismissals, reinstatement and security forces), public procurement and government contracts, and defense against sanctions and fines from regulatory agencies. We work with a preventive approach to anticipate risks and design strategies that protect our clients' interests.
We assist in claims for State liability for damages, irregular expropriation, obtaining commercial permits and licenses, and advise companies operating in regulated sectors such as telecommunications, energy, transportation, healthcare and public utilities before their respective regulatory agencies.
We operate within the framework of Law 19,549 on Administrative Procedures and its complementary regulations, with experience in both the administrative stage and judicial administrative litigation proceedings across all jurisdictions in the country.
We represent clients at every stage of the administrative procedure under Law 19,549: filing reconsideration appeals, hierarchical appeals and hierarchical review appeals, exhausting administrative remedies, filing prompt dispatch requests in cases of administrative silence, and initiating administrative litigation actions. We assess the nullity of the administrative act, raise declaratory actions and analyze the scope of administrative res judicata to design the most effective defense strategy.
We advise companies on participation in national, provincial and municipal public procurement processes, from bid preparation to contract execution. We defend bidders' rights against challenges, extensions and contract terminations.
We defend companies and individuals in sanctioning proceedings initiated by regulatory agencies (ARCA, BCRA, CNV, sector regulators). We assess the proportionality of sanctions and pursue all available administrative and judicial remedies.
We advise companies operating in regulated sectors (telecommunications, energy, transportation, healthcare, financial services) on compliance with sector-specific regulations and on their relationship with regulatory and supervisory agencies.
We file injunction actions against acts or omissions of the State that violate constitutional rights. We handle injunctions for administrative delay when the administration fails to issue a decision within the legal timeframe, collective injunctions in defense of collective rights, environmental injunctions, precautionary measures against the State (including autonomous precautionary measures) and actions for the declaration of unconstitutionality against illegitimate regulations.
We defend the rights of public employees and government workers in administrative disciplinary proceedings, dismissal and removal procedures. We advise on public employee tenure under Law 25,164 and Article 14 bis of the Constitution, reinstatement after unlawful dismissals, defense of contract employees and the disciplinary regime.
We provide specialized legal defense for personnel of the Federal Police, provincial police forces, National Gendarmerie, Naval Prefecture, Armed Forces and the Federal Prison Service. We challenge disciplinary sanctions, police and military dismissals, compulsory retirement and any administrative act that violates the rights of security personnel.
We initiate State liability actions for damages caused by lawful or unlawful government activity, including claims for failure to provide services, extracontractual State liability, lawsuits against the national, provincial or municipal government, and cases of irregular expropriation. We handle compensation claims for expropriation, administrative easements and temporary occupation of private property.
We manage the process of obtaining commercial permits in CABA and the Province of Buenos Aires, land use permits, compliance with the building code and the urban planning code. We assist with municipal inspections, challenge municipal closures through the corresponding administrative appeals, and advise on all licensing procedures before the local administration.
An administrative lawyer specializes in the legal relationship between private parties and the State. They intervene in administrative proceedings, file appeals against acts of the public administration, advise on public procurement and government contracts, defend against sanctions imposed by regulatory agencies, and represent clients in administrative litigation when administrative remedies have been exhausted.
To challenge an administrative act in Argentina, you must file a reconsideration appeal before the same agency that issued the act, within 10 business days of notification. If rejected, a hierarchical appeal may be filed before the superior authority. Once administrative remedies are exhausted, an administrative litigation action may be initiated in court. It is essential to observe the legal deadlines, as failure to do so may result in the loss of the right to claim.
A public procurement process (licitación pública) is the procedure through which the State selects a supplier or contractor for the provision of goods, works or services. The process includes the publication of the terms and conditions, the submission of bids by interested parties, the evaluation of proposals and the award to the bidder who presents the best proposal according to the established criteria. An administrative lawyer can advise at every stage to maximize the chances of success.
Yes, any administrative sanction can be challenged through administrative appeals and, eventually, before the courts. The procedure varies depending on the agency that imposed the fine: before ARCA, an appeal may be filed before the National Tax Court; before other agencies, the appeals provided for in the Administrative Procedures Act apply. It is key to assess the proportionality of the sanction and the grounds of the sanctioning act.
You need an administrative lawyer when you must participate in a public procurement process, when you receive a sanction or fine from a government agency, when you need to obtain permits, licenses or authorizations from the State, when you want to challenge an administrative decision that affects your rights, or when your company operates in a regulated sector and must comply with specific regulations before regulatory agencies.
An injunction for administrative delay is a judicial action provided for in Article 28 of Law 19,549 that allows a private party to compel the State to issue a decision when it has allowed the legal deadlines to expire without resolving a procedure or petition. If the public administration does not respond within the set timeframe, the judge may order a prompt dispatch so that the agency issues the pending resolution. It is a key tool against administrative silence.
A hierarchical review appeal (recurso de alzada) is an administrative appeal filed before the competent minister or secretary against final or equivalent acts issued by decentralized or autonomous entities. It applies when the internal remedies of the agency have been exhausted and allows the superior authority to review the challenged decision. The deadline for filing is 15 business days from notification of the act. It is an alternative to the hierarchical appeal for challenging decisions of autonomous entities.
A public employee subject to an administrative disciplinary proceeding has the right to be notified of the initiation of the proceeding, to appoint a defense attorney, to access the file, to offer evidence, to testify in their own defense, and to be heard before any resolution is issued. Public employee tenure is constitutionally protected, so any dismissal or removal must comply with due process. If an unlawful dismissal or removal is issued, the employee may request reinstatement and payment of back wages.
To obtain a commercial permit in CABA, an application must be filed before the Government Control Agency (AGC), proving compliance with the Licensing Code, the Urban Planning Code and the Building Code. Requirements vary depending on the commercial activity and include approved blueprints, environmental fitness certificate, fire insurance and fire department approval as applicable. An administrative lawyer can manage the procedure and resolve objections or observations.
Administrative silence is the failure of the public administration to respond to a petition or appeal within the legal deadline. In Argentina, as a general rule, the administration's silence is interpreted as a tacit denial (negative silence) pursuant to Article 10 of Law 19,549. This allows the private party to consider their request denied and enables the judicial route. For administrative silence to take effect, the private party must first formally urge the agency through a prompt dispatch request and wait for the additional legal period.
Every situation is unique. Tell us about your case and our team will contact you within the next 24 business hours.
Suipacha 1111, Piso 17
C.A.B.A., Buenos Aires
consultas@quinternofidanza.com
+54 9 11 2393-0687
Suipacha 1111
Piso 17, CABA
consultas@quinternofidanza.com
+54 9 11 2393-0687