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INTERNATIONAL CONSULTANT IN THE AREA OF LEGAL APPROXIMATION

Location : Chisinau, MOLDOVA
Application Deadline :04-Jun-12
Type of Contract :Individual Contract
Post Level :International Consultant
Languages Required :
 English  
Starting Date :
(date when the selected candidate is expected to start)		17-Sep-2012
Duration of Initial Contract :44 working days
Expected Duration of Assignment :44 working days

Background
The Project "Building Institutional Capacity of the Ministry of Foreign Affairs and European Integration” aims at strengthening the institutional capacity of the Ministry of Foreign Affairs and European Integration (MFAEI) in the process of achieving its European Integration goals and commitments. The Project also aims to contribute to the development of the capacities of the MFAEI and the Negotiation Team, comprising also representatives from the Ministry of Agriculture and Food Industry for European Integration, with immediate focus on the negotiation and post-negotiation phase of the Association Agreement between the European Union and the Republic of Moldova and implicitly its implementation.
 
The Moldovan Centre for Legal Approximation (CLA) was created in 2007, by Governmental Decision No. 190, establishing among its attributions: 
  1. Development of the national annual plans for legal approximation on the basis of proposals, made by central public administration authorities;
  2. Expression of independent opinions on the draft laws and draft normative acts, transposing EU acquis, elaborated by central public administration authorities (assessments concluded with the issuance of Statements of Compatibility);
  3. Examination of the conformity of national legislation with the EU one and communication to relevant authorities on identified contradictions, provision of recommendations and proposals for improvement of examined legal and normative drafts;
  4. Provision of methodological assistance in approximation area to central public administration authorities.
The EU-Moldova Association Agreement, currently in the negotiation process, places a large emphasize on the approximation of Moldovan legislation, its further successful implementation in practice and monitoring of the progress. Among the important features of the New Association Agreement are the annexes and appendixes to it which contain obligations to approximate Moldova’s legislation with the EU law and the establishment of a timeframe of its implementation. Therefore the CLA should be ready to cope with a large increase of the draft Moldovan legal acts, which are submitted for compliance assessment. At the same time, since last year the CLA has experienced a serious turnover of the staff and have an urgent need for support and building the capacity and overall expertise of its new workers.
Therefore the CLA requested the Project to contract an international consultant that will provide daily support in compatibility assessment of Moldovan legislation with the requirements of EU law activities, but also in activities related to the preparation of the Annual Law Approximation Plan and development of capacity building activities for the recently hired internal staff and, upon request, to CLA counterparts within the line ministries.

Duties and Responsibilities
The Project will contract an International Consultant to consult the Moldovan Centre for Legal Approximation and other line Ministries in legal approximation area.
 
This objective should be met through the following activities:
  • Assist the CLA staff in carrying out the compatibility assessments of the national draft legal acts with the relevant EU directives, other EU legislation and other relevant EU law requirements (including the case law of the European Union Court). The task includes an accurate legal assessment of each article of the draft law, indicating the level of compliance as either fully compatible, partial compatible, not compatible, or national legislative void, as defined in the above mentioned Government Decision. The assessment must present precise and clear explanations, justifications and conclusions, which are clearly understandable and which take into consideration the Moldovan situation and conditions;
  • Assist the CLA staff in the organisation and implementation of its legal approximation planning activities for the National Plan for Law Approximation;
  • Assess the compliance of the selected national drafts in the sector with the relevant EU acquis;
  • Advise the beneficiary on the available ways of improvement the quality and the compliance of the approximated legal drafts;
  • Deliver to CLA representatives and other stakeholders one capacity building training on legal approximation (including legal approximation planning) issues;
  • Draft monthly reports on the activities developed;
  • Draft one final report with mission’s findings and main recommendations.
All deliverables should be agreed with the UNDP counterpart at the Centre for Legal Approximation and be provided in Romanian, hard and electronic copy.
 
The timeframe for the International Consultant is planned through 17 September – 15 November 2012. The Consultancy should involve approximately 8 hours of work per day (40 hours per week) within the indicated period, in accordance with a schedule coordinated with the beneficiary.

Competencies
  • Experience in producing legal approximation governmental policy planning documents (programs, action plans) will be a very strong advantage;
  • Experience in providing legal drafting training and/or trainings in law approximation area;
  • Demonstrated knowledge and experience in the region of Central and Eastern Europe;
  • Similar experience in assisting government institutions on the above-mentioned issues within projects funded by international organizations;
  • Credibility in dealing with governmental officials, strong analytical and communication skills;
  • Fluency in written and spoken English. Knowledge of Romanian and/or Russian would be an asset

Required Skills and Experience
Qualifications:
  • Master’s degree in EU Law, Public Administration or other relevant field preferred. Bachelor and at least 10 years of relevant experience will also be acceptable;
  • Minimum 7 years of working experience in area of approximation of a national legislation to EU law.

How to apply:

For more information on the assignment please refer to UNDP Moldova website, http://www.undp.md/employment/index.shtml. Interested candidates should submit their applications according to the instructions set forth in the Procurement Notice. The following documents/information should be included in the application:
  • Proposal: explaining why they are the most suitable for the work;
  • Financial proposal;
  • Duly completed P11 form and personal CV including past experience in similar projects and at least 3 references.

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.


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