PUBLIC LAW.

At BROCK MÜLLER ZIEGENBEIN, we have traditionally specialised in public law. Because of our expert knowledge in this area and the number of our attorneys who specialise in public law, we can put together larger teams with interdisciplinary expertise in various areas of legislation.

We excel at advising and representing our clients

in public construction and planning law,

We draw up urban development contracts for municipalities and project sponsors, in particular site development contracts and enforcement contracts for residential and commercial developments, large-scale retail, wind energy, biomass and photovoltaic facilities. We support our clients in developing functional zoning plans and also in approval processes relating to the respective state building regulations and the Federal Immission Control Act (Bundesimmissionsschutzgesetz). We assist builders, municipalities and neighbours going through provisional proceedings, rescissory and enforcement actions and judicial review proceedings.

We help project sponsors to draft legally compliant planning documents and also support regulatory authorities in drafting planning decisions and planning permission documents in accordance with planning law (e.g. the German Federal Highway Act (Bundesfernstraßengesetz)) as well as in legal proceedings.

in environmental law,

In the area of environmental law, we advise municipalities, municipal associations, joint associations of local authorities, water and soil management companies and private individuals on matters of waste legislation, immission control legislation, soil protection and water law, and animal and species protection law. Our activities include supporting with the implementation of infrastructure projects and advising our clients on the siting of wind farms. We help municipalities, municipal associations and landowners to resolve legal issues arising in connection with the clean-up of contaminated sites.

in funding and EU subsidies legislation,

We advise on all matters connected with funding and EU subsidies legislation, including applications, the structuring of funding programmes, enforcement of and defence against recovery claims, and the funding of municipal companies in accordance with EU contract law.

in education and welfare legislation,

In the area of education and welfare law, we advise public authorities and agencies, particularly in respect of university, school, youth welfare and nursery school legislation.

in free speech and right to information law,

We support public authorities in matters relating to free speech, and advise parties, associations, companies and citizens’ movements on how to counter statements made by public authorities in order to uphold the requirement for objectivity and neutrality. We also advise on the enforcement of and defence against state claims for information.

in public service and disciplinary law,

In the area of public service and disciplinary legislation – including in respect of churches – we advise on civil service, salary and pension legislation and all related fields of civil service legislation (e.g. annual leave rights, co-determination rights, state aid law, work appraisals). We give support in extrajudicial and judicial disciplinary proceedings, and help supervisors with administrative and disciplinary investigations, as well as assisting officials affected by disciplinary proceedings.

in public compensation and expropriation law,

We enforce public authority liability and injunctive relief claims as well as claims for remedial action and claims arising from expropriatory and quasi-expropriatory intervention, both on behalf of and against public authorities in pre-litigation and in litigation proceedings. We also advise clients in expropriation proceedings.

in municipal tax, economic and constitutional law,

In the area of municipal tax and economic law, we advise public authorities on the drafting of tax bylaws, and on the collection and judicial review of levies. We represent private parties in appeals and legal proceedings against municipal tax, contributions and fee notifications, as well as mayors, heads of office, local and municipal councillors and municipalities and municipal associations in municipal constitution law disputes.

in public broadcasting law,

Ever since the first private radio station began broadcasting in Germany, we have been supporting private broadcasters nationwide with obtaining, amending and extending their broadcasting permits. We also support clients in complaints proceedings pertaining to their programming, and other broadcasting matters such as the collection of broadcasting levies.

in police and public order law,

Our advisory services also cover police and public order law, including specific public order legislation such as legislation concerning the freedom of assembly, traffic legislation and public professional law (which includes commercial law, laws pertaining to the hospitality industry and passenger transport as well as chamber law). In the area of police and public order law, we advise and represent public authorities and private parties in pre-judicial and judicial proceedings.

We also represent them

with a view to constitutional, European and international law.

In the area of constitutional law, our clients entrust us with appraisal orders and the raising of constitutional appeals as well as interim relief proceedings before the Federal Constitutional Court and the State Constitutional Courts. Public authorities consult us on constitutional law matters. In addition to EU subsidies legislation, we also advise clients on European law with respect to the Charter of Fundamental Rights of the European Union, the Fundamental Freedoms of the EU and compliance with secondary Acts under European Union law – regulations, directives and resolutions. We provide expert opinions on behalf of public authorities on matters of international law, such as maritime law and the international protection of human rights, and represent these authorities before the courts.

CONTACT.
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Dr. Fiete Kalscheuer

Location:
Kiel
Secretary’s Office:
Franziska Jürs
Phone:
+49 431 97918-944
Fax:
+49 431 97918-39
Email:
fiete.kalscheuer@bmz-recht.de
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born 1982, university studies in Greifswald, St. Petersburg/Russia and Kiel, postgraduate judicial service training in Kiel and Schleswig. Admitted as attorney in 2015, Certified Specialist for administrative law

Specialisation: Public law

As a Certified Specialist for administrative law, Dr. Fiete Kalscheuer handles assignments on public law, focusing largely on public construction law, free speech of the public sector, municipal law, education legislation and constitutional law.

Dr. Kalscheuer teaches the entire range of public law relevant to examinations as a lecturer at the Alpmann Schmidt Law Repetitorium in Kiel and Hamburg, and is the author of a series of academic law publications in the area of constitutional law, municipal law, education legislation and public construction law. He is co-editor and co-author of the standard work on free speech of the public sector.

In addition, Dr Kalscheuer is a member of the editorial advisory board of the Journal öffentliches Recht in Norddeutschland (NordÖR) as well as a member of the German-Israeli Lawyers Association, the Schleswig-Holstein Law Association and the working group on administrative law at the German Bar Association in Schleswig-Holstein.

 

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