I. Regulatory consulting services

• Regulatory Strategy: Preparation and Development

  • Identification of relevant European Union legislation
  • Analysis of Hungarian legislation in force and under preparation
  • Identification of possible regulatory solutions
  • Development of the optimal regulatory model and of its supportive argumentation

  The preparation of a corporate regulatory strategy is typically related to the expected change of sector specific regulation, due to the harmonisation requirements incumbent on EU Member States. The primary objective of a regulatory strategy is to facilitate efficient participation in the formation of the regulatory environment and enable companies to prepare for the changing conditions. The formation of the regulatory strategy is based on the evaluation and alignment of the interests of the company and the requirements and opportunities of EU law to be implemented.

  Practically, the preparation of a regulatory strategy means the formation of an argumentation – based on company interests and opportunities given by EU law – which underpins the legally unobjectionable regulatory solutions and models that are optimal for the company on issues affecting its activities.

  Analyses carried out within the context of preparation identify the freedom and limits of the national legislator, the opportunities provided by EU law and the most advantageous regulatory solutions for our client in regulatory questions defined as sensitive. Typically, such analyses cover the following areas:

  • relevant European Union law
  • rules deriving from soft law documents and the case law of the European Court of Justice
  • relevant regulatory experience in different Member States
  • other aspects of introducing in the Hungarian legal system an advantageous regulatory solution

• Regulatory Strategy: support to advocacy

  • Preparation of supplementary communication material
  • Consulting supporting advocacy and, if necessary, participation of our experts in communication

  Advocacy and communication towards the national legislator are the autonomous activities of our clients, we only provide professional support to them. Such support includes for example preparation of the drafts incorporating the preferred regulatory solutions, together with their reasoning, summary presentations, notes and other supplementary communication material. If required by our client, we can support corporate advocacy with ad-hoc consulting or the participation of our experts at meetings where the proposed regulatory solutions are discussed.

II. Other EU law-related services

• Updating and monitoring services

  • Monitoring and analysis of sector-specific regulatory development in the EU
  • Monitoring and analysis of the relevant case-law of the European Court of Justice
  • Monitoring of EU competition law issues
  • Monitoring and analysis of EU tax law issues

  Our updating and monitoring services include the monitoring of the development of European Union law, and the identification of the opportunities deriving from the changes in EU law, soft law and the case-law of the European Court of Justice. Evidently, research and analyses are focused on changes that influence the activities of our clients.

  In addition to the identification of regulatory changes, it is especially important to monitor the case-law of the European Court of Justice which takes final decision on the interpretation of EU law, substantially influencing also the interpretation of national implementing legislation. However, the development and trends of case-law are less predictable and transparent than forthcoming changes in secondary EU law, which requires a slightly different approach in monitoring.

  Accordingly, updating and monitoring services cover:

  • development in relevant EU law, including related recommendations, communications, guidelines and notices;
  • development of relevant case-law of the European Court of Justice, as well as the monitoring of competition cases decided by the Commission;
  • identification of changes in the regulatory environment relevant to the company;
  • if necessary, the analysis of the possible assertion of rights based on comparison made to the Hungarian regulation.

  Updating and monitoring services in case-law are not limited to the examination and review of the cases that bring major changes, but also offer an analysis on the effect of these changes on the Hungarian regulatory environment. If required by our clients, these services also contain practical statements and consequences on the assertion of EU law. Also, monitoring services may be specifically targeted at sector specific law determining the activities of our client, competition law, regulation of public service companies or EU law influencing taxation.

• Assertion of rights in the EU: preparatory services

  • Preparatory services related to the assertion of EU law in national law
  • Preparatory services related to the assertion of rights before EU institutions
  • Consulting supporting assertion of rights – provided in cooperation with a partner law firm

  The purpose of services preparing the assertion of EU law are aimed at facilitating for our client the exercise of rights originating in European Union law. EU law becomes applicable in national law according to special rules which allow the practicing of rights before the competent national authorities and/or EU institutions. With the help of our preparatory services our client becomes aware of the substantive and procedural rules, as well as the argumentation that defines its rights and possibilities for the assertion of EU law, in extreme cases even contrary to relevant national law.

  The assertion of EU law may be effected before national authorities, national courts or EU institutions, namely by involving the European Commission or before the European Court of Justice. Therefore, the substance of our services may change depending on the competent authority or court which takes action in the procedure. Also, it may depend on the scope of the services, whether they cover only the identification of opportunities for the assertion of rights and the risk assessment of applicable procedures, or extend to the development of a complete professional and substantive argumentation. Since Lexcellence Ltd. does not pursue activities reserved for lawyers, the latter means in essence the identification and description of relevant case-law concerning the interpretation of both the substantive rules and the ones governing the applicable procedure. However, based on the interests and needs of our clients, our services targeted at preparation for the assertion of EU law may include involvement in consulting supporting the actual assertion of rights, in cooperation with a partner law firm.