UNDP Jobs - 81077- EU Law Expert (re-announcement)

EU Law Expert (re-announcement)

Location :

Tbilis, GEORGIA

Type of Contract :

Individual Contract

Starting Date :

Application Deadline :

04-Oct-18 (Midnight New York, USA)

Post Level :

National Consultant

Duration of Initial Contract :

Languages Required :

English

Expected Duration of Assignment :

Up to 36 days in October-December 2018

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. UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.

Background

United Nations Development Programme (UNDP) through its EU-funded project “Strengthening the System of Parliamentary Democracy in Georgia”, II Phase is aimed at establishing the Georgian Parliament as a credible institution with an essentially greater role in national policy-making and European integration.

The Parliament of Georgia ratified the EU-Georgia Association Agreement (incorporating the Deep and Comprehensive Free Trade Area component) on 18 July 2014. The Association Agreement set forth a new framework for the political and economic relationship between the EU and Georgia. It is designed to gradually introduce EU standards in all spheres of Georgia’s economic and sectoral policy, including infrastructure, energy, environment, agriculture, tourism, technological development, employment and social policy, health protection, education, culture, civil society, and regional development.

Harmonization of the Georgian legislation with the EU law is one of the main challenges in the process. Based on the assessment conducted within the frames of the above-mentioned Project in 2017 – Baseline Study of the Parliament of Georgia for the Implementation of EU-Georgia Association Agreement – Georgia must harmonize national legislation with at least 255 EU directives, 63 regulations, 2 decisions and 4 recommendations by 2020.

Legal approximation is a complex exercise requiring good strategic planning, coordinated approach and strong cooperation between all state parties involved in the implementation of the Association Agreement. Above all, the sound technical expertise in EU law and good knowledge of compliance-checking is critical in the process. Although the Government of Georgia has a leading role in the implementation of the Agreement, the Parliament shall undertake high-quality legal scrutiny and oversee the performance of the Government activities in this direction as well as initiate draft laws where required

Established in 2004, the Committee on European Integration is the main body coordinating EU-related legislative and oversight activities in the Parliament of Georgia. The Committee’s overall goal is to facilitate the integration of Georgia to EU and European structures and contribute to timely and effective implementation of Association Agreement and the Association Agenda.

In 2017, with the support of the EU-UNDP Project, the Committee developed its three-year Action Plan which defines the committee’s strategic goals and objectives and identifies activities related to the exercise of the committee’s lawmaking, oversight and public outreach functions. Among others, the Action Plan provides a detailed list of legislative acts that need to be approximated with the EU law and therefore, the respective amendments require robust scrutiny or/and initiation from the Committee. In order to effectively carry out this task, the Committee shall be equipped with respective expertise, knowledge and skills.

One of the main areas where the Committee requires considerable support is the technical expertise on sectoral legislation, particularly economy, energy, agriculture and other areas covered by the Deep and Comprehensive Free Trade Area (DCFTA) agreement. The expertise is critical for scrutiny of the draft laws and producing high-quality reports and recommendations during the legal approximation exercise.

To support the Committee with the above, the Project is seeking the services of a National EU Law Expert to provide technical expertise in the process of legal approximation.

Duties and Responsibilities

Under the overall supervision of the UNDP Project Manager and in close coordination with the Committee leadership, the Expert shall perform the following tasks and activities:

At the outset, in consultation with the Committee leadership, identify up to seven (7) important laws requiring approximation with the EU legislation. The laws will be selected from the Committee Action Plan which sets forth the legislative plan of the Committee based on the Association Agenda and Government’s legislative agenda, respectively.
Review the relevant laws and identify problematic areas through their juxtaposition with the respective EU legislation. This shall include the introduction of the practice of using table of concordances based on the best European practices. Table of concordances shall be applied for each of the laws under discussion.
Review the draft laws submitted by the government including the table of concordance and prepare analysis of/opinion on the draft amendments; when applicable, prepare a set of draft amendments to the law in question. Assist committee staff in drafting committee opinions. The Expert shall liaise with the respective sector committees to produce comprehensive and high-quality analysis/amendments. In case of amendments, an explanatory note accompanying the draft law shall be also prepared.
While performing the above tasks, the Expert shall engage the respective staff members of the Committee to ensure knowledge transfer and local ownership of the process.
When preparing legal opinions or drafting laws, the expert shall ensure and facilitate Committee’s consultations with relevant stakeholders.
Upon completion of the above tasks, produce a final report (in English) on performed activities, including on-the-job-consultancy provided to the staff. Report shall also include recommendations for the next steps.

Deliverables

Up to seven analysis / opinion on draft amendments with corresponding table of concordances; where applicable, draft amendments with respective explanatory notes (up to 35 consultancy days).
Final report (in English) on performed activities, including on-the-job-consultancy provided to the staff. Report shall also include recommendations for the next steps (one consultancy day).

The Expert will be paid a lump sum in three installments upon successful completion of the deliverables according to the following scheme:

Analysis/Opinion on up to 2 draft amendments - October 2018; 30% of the total fee
Analysis/Opinion on up to 3 draft amendments - November 2018; 35% of the total fee
Analysis/Opinion on up to 2 draft amendments; Final Report - December 2018; 35% of the total fee

Competencies

Corporate Competencies:

Demonstrates integrity by modeling the UN’s values and ethical standards;
Promotes the vision, mission, and strategic goals of UNDP;
Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
Treats all people fairly without favoritism.

Functional Competencies:

Excellent intercultural, moderation, facilitation and negotiation skills;
Builds strong relationships with stakeholders, focuses on impact and result and responds positively to feedback;
Consistently approaches work with energy and a positive, constructive attitude;
Demonstrates openness to change and ability to manage complexities;
Ability to lead effectively, mentoring as well as conflict resolution skills;
Demonstrates strong oral communication skills;
Remains calm, in control and good humored even under pressure;
Proven networking, team-building, organizational and communication skills;
Excellent verbal and written communication skills.

Required Skills and Experience

Education:

Master’s degree in law (minimum requirement: 5 points); Master’s degree in EU law would be an additional asset (additional 5 points).

Experience:

Minimum of 3 years of working experience on the issues related to the EU integration (minimum experience: 3 years - 8 points; more than 3 years - additional 7 points);
Demonstrated experience in EU legal approximation and conducting research on topics related to the EU integration (minimum requirement: 15 points);
Strong knowledge of the EU-Georgia Association Agreement/DCFTA.

Language Requirements:

Fluency in English and Georgian languages

Evaluation:

Offerors will be evaluated against a combination of technical and financial criteria. Technical criteria consist of a desk review (40 points) and an interview (30 points). Offerors obtaining minimum 28 points as a result of the desk review (criteria 1, 2 and 3) will be short listed and invited for the interview. Offerors obtaining minimum of 21 points as a result of the interview (i.e. minimum of 49 points in the technical criteria) will be considered qualified and requested to provide financial proposal for the assignment.

Financial proposal:

The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e. whether payments fall in installments or upon completion of the entire contract). Payments are based upon output, i.e. upon delivery of the services specified in the TOR. In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount.