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According to the 2009-2013 Government Activity Program “European Integration: Freedom, Democracy, Welfare” and 2009-2011 Stabilization and Recovery Program of the Republic of Moldova, a special attention is drawn to build a state governed by law by promoting structural and procedural reforms in justice.
The following objectives were formulated in this respect:
- Creation of a judicial in line with the European aspirations of a state.
- Reformation of the judicial and prosecution systems to make them independent, unbiased, functional and transparent.
- Improving integrity and professionalism of the judiciary.
- Ensuring a stable and efficient financing system for the judiciary.
To achieve these objectives, the Government will take the following priority actions:
- Reform the judicial self-management and organization system
- Reform the justice management system
- Reform the prosecution system
- Reform the procedural legislation
- Reform the law enforcement institutions of the state
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Scope of the assignment
In this respect, the key task of the Legal Adviser will be providing support to the Prime Minister and State Minister in ensuring the quality control of the drafts of legal acts submitted to the State Chancellery for approval. The Adviser is expected to analyze the drafts of normative acts and provide comments regarding their compliance with EU and CoE standards and national norms on legislative technique.
Tasks and responsibilities
The Adviser is expected to perform the following activities under the guidance of the Prime Minister and State Minister, in cooperation with other advisers to the Prime Minister and State Minister, as well as, with the Ministry of Justice and National Center for Legislation Harmonization:
- Provide consultancy in drafting legislative and normative acts in compliance with aquis-communitaire;
- Formulate proposals and strategic advice in the area of judicial and legal reform in line with best practices of the European Union and the Council of Europe;
- Provide legal assistance to the Prime Minister and Minister of State in the implementation of legislative and normative acts by the Government;
- Make analyses and provide proposals to improve draft laws and decisions of Parliament, draft decrees issued by the President of the Republic of Moldova, draft decisions and rulings issued by the Government before their examination at the Governmental meetings;
- Provide appropriate advice and solutions in cases of complex legal disputes (litigations) involving Government and State Chancellery;
- Advice on alternative methods of streamlining the cooperation between the Government, the State Chancellery and the Parliament of the Republic of Moldova, Constitutional Court, Superior Council of Magistrates, General Prosecutor’s Office, Ministry of Justice, National Center for Legislation Harmonization and other relevant bodies;
- Advise Prime-minister and Minister of State on institutional reorganization , based on provision of Stabilization and Recovery Program and keeping in mind the recommendations of Functional Review;
- Assisting the Government in providing advice to the UNDP on the most relevant and appropriate area of further UNDP assistance towards advancement of the judicial reform.
Deliverables
- Policy Notes on compliance of normative acts on legal issues submitted to the State Chancellery and Government with the international standards and national legislative technique (permanently).
- Proposals and drafts of normative acts on legal issues, with relevant analytical and informational materials on best practices and international experiences in the relevant fields (permanently).
- Recommendations on improving the mechanisms of drafting, monitoring and evaluation of the National Legislation Harmonization Plan.
Facilities provided
The Government will provide the consultant with working space, technical equipment and telephone line.
Institutional arrangements
The adviser will work under the general guidance of Prime-minister and Minister of State.
The adviser will provide monthly reports to the UNDP and, at the request of UNDP or the Office of the UN Resident Coordinator, provide policy notes on specific legal issues.
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Republic of Moldova 
