National Legal Consultant to provide support to the State Chancellery and the Parliamentary Commission  in decentralization policy formulation and implementation

Vacancy Number: 189 /Pr-2011

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Location : Chisinau, MOLDOVA
Application Deadline : 24 October 2011
Type of Contract : Individual Contract
Reference to   the project :

Joint Integrated Local Development Programme

Period of assignment/services: 6 months
Terms of Reference 3  
Individual Consultant Procurement Notice 2  
Personal History Form (P11) 1  
UNDP General Conditions of Individual Contract 1  

Proposal should be submitted at the following email to vacancies-moldova@undp.org with the mark "189 /Pr-2011 National Legal Consultant to provide support to the State Chancellery and the Parliamentary Commission  in decentralization policy formulation and implementation" in the subject field.

Any request for clarification must be sent in writing, or by standard electronic communication to the e-mail arcadie.cotruta@undp.org. JILDP will respond in writing or by standard electronic mail and will send written copies of the response, including an explanation of the query without identifying the source of inquiry, to all consultants.

Important: Applications without the Financial proposal will be disqualified.

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BACKGROUND

UNDP and UN Women in partnership with the Government of Moldova (State Chancellery) are implementing the Joint Integrated Local Development Programme (JILDP). The JILDP was designed to improve the policy framework, as well as to support the administrative systems and procedures focused on efficient transfer of competencies to Local Public Administrations (LPAs), decentralization and promotion of LPAs’ role in decision making. It also helps in building the capacity of LPAs to plan, implement and monitor their strategic plans and improve local public service delivery, involving civil society and community efforts and participation. Actions in the project seek to secure positive change in areas of human rights, tackling social exclusion and ensuring gender equality.

Given the overall development context, related to the impact of the political and economic crisis, and considering the priorities of the Coalition for European Integration, new Government Programme, as well as the National Development Strategy, Decentralization, Sustainable Local Development and Democratic Local Governance represent key issues to be addressed in order to respond to existing country priorities and development challenges. A number of international and European review bodies have identified key areas of exclusion to be resolved through reform actions.

Key components of the programme:

Policy Advisory and Advocacy Component:  Program will strengthen the capacity of the key ministries and partners (the Parliamentary Commission on Decentralization, State Chancellery, Ministry of Finance, Ministry of Labour, Social protection and family, Ministry of Construction and Regional Development among others) in elaborating policies, legislation & implementation mechanisms taking into account  human rights and gender equality dimensions to advance the administrative and fiscal decentralization reform that shall accelerate human rights and gender  responsive development at the regional and local level.

Local Self-Governance and Participation Component: The capacity of the rayons and municipalities to plan, budget, implement, monitor and evaluate local development as well as to manage efficiently service delivery in the targeted areas, as well as the capacity to provide services will be assessed and strengthened through applying human rights and gender equality approach.

Community Empowerment Component: The JILDP will encourage and facilitate active participation of community members, including through proactive measures to engage and include women, the elderly, persons with disabilities, ethnic and other minorities (and Roma in particular), persons living with HIV/AIDS, and other persons from vulnerable or otherwise marginalized groups or communities.

Transnistria and Security zone Component: The JILDP will be expanded to the Transnistria Region and will work more thoroughly in the security zone. It will cover all 5 rayons of the region and the areas from the security zone which are based on the left bank of Nistru River but are under Moldovan Government control. 20 communities from the Transnistria region will be supported and 9 from the security zone. The Programme will be implemented and will advocate for using Human Rights Based Approach (HRBA) and Gender equality mainstreaming (GE) which calls for greater participation, accountability, transparency and non-discrimination.

For more details, please read the Terms of Reference and Individual Consultant Procurement Notice.

 

SCOPE OF WORK, RESPONSIBILITIES AND DESCRIPTION OF THE PROPOSED ANALYTICAL WORK

The scope of the work of the National Legal Consultants is to provide legal advice to the State Chancellery in developing regulatory acts and other policy type documents in the field of decentralization.
In order to achieve the stated objectives, the National Consultants will have the following responsibilities:

  • Provide inputs for the improvement of the existing regulatory framework on decentralization based on HRBA and GE principles
  • Provide the required inputs as required by the tasks distributed by the Team Leader, on the given list of legal documents and draft laws for analysis (though not exhaustive), amendment and recommendations for enforcement in line with the vision and concept of the country Strategy for Decentralization.
  • Provide recommendations and relevant conclusions to the newly formed Parliamentary Commission on Decentralization, to the Parity Commission, as well as to the consultants working on the elaboration of the Strategy for Decentralization, participating in the decentralization policy development, review and approval process, thus contributing to the effective achievement of JILDP objectives.
  • Provide the most relevant, accurate, complete, timely and frank advice services in line with the set up vision on decentralization;
  • Liaise and consult with the main stakeholders to identify legal advice needs in order to ensure the best quality advisory services;
  • Based on conducted reviews and analysis of the regulatory framework and draft laws, one should identify the gaps and bottlenecks in the implementation of the decentralization reform, then formulate the adequate conclusions and recommendations, providing the justification of the benefits and wins that advocate for the improvement and enforcement of the existing regulatory framework
  • Review the functions and competences of public authorities involved in the decentralization reform and develop proposals for their clear delineation in order to better respond to principles of the European Chart on Local Autonomy, strengthen governance efficiency and eliminate the possible overlapping and conflict of interests. The main and ultimate purpose of the proposals will be the efficient governance at all levels, i.e. improvement of resources management and better services for population through elimination of administrative barriers and dysfunctions.
  • Provide legal support to the Parliamentary Commission on Decentralization, inter-sectorial Working Groups and the Working Groups of the Parity Commission on Decentralization in analyzing the legislation in force and draft laws and regulations with the purpose to adjust the relationship between the Central Public Administration and LPAs in conformity with the decentralization reform.
  • Assist public authorities in improving and reinforcing the regulatory framework to ensure decentralization through an efficient, transparent and participatory process.
  • Provide recommendations regarding capacity building for institutions to lead and implement the decentralization process (State Chancellery, newly created Parliamentary Commission on Decentralization, key ministries, etc.) and their cooperation towards improved decision-making process.
  • To perform analysis of the identified laws and by-laws, commenting on their compliance with the Human Rights Based Approach and Gender Equality Responsiveness, identify gaps and provide recommendations for improvements (with specific formulations, where applicable);
  • Conduct Regulatory Impact Analysis of the legislation relevant to decentralization
  • Cooperate closely with the public authorities in making Regulatory Impact Analysis of the legislation in force and the prepared (submitted) drafts.
  • Collect and evaluate available information, regarding the impact of state regulation on decentralization process (political, administrative, fiscal and services types). This information will be subject to in-depth analysis (including cost-benefit analyses, when required), with the purpose of further development of proposals.
  • Identify the rationale and problems posed by state regulations and assist public authorities in better understanding the regulatory impact;

 

REQUIREMENTS FOR EXPERIENCE AND QUALIFICATIONS

I. Academic Qualifications:

  1. Master/PhD Degree in Public Law, Public Administration or other relevant fields.

II. Years of experience:

  1. At least 5 years of relevant professional legal experience (consultancy, advice and litigation) to local governments and/or public Institutions;
  2. Proven experience in working with the international organizations (successful experience in working with UN agencies is an asset);

III. Competencies:

  1. Legal background and experience in drafting normative acts; Experience in comparative analysis, research, assessment on the implementation of the national/international legislation and policies;
  2. Knowledge of and working experience with Parliament or Government sector;
  3. Advanced knowledge of both domestic and European Public Legislation
  4. A strong client-service orientation
  5. Strong analytical and drafting skills;
  6. Ability to interpret results and provide practical recommendations;
  7. Initiative and resourcefulness;
  8. Computer proficiency, including knowledge of MS Office products (Word, Excel, Power Point);
  9. Proficiency in Romanian and Russian. Knowledge of English is required.

 

DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE PROPOSALS.

Interested individual consultants must submit the following documents/information to demonstrate their qualifications:
1. Proposal (Explaining why they are the most suitable for the work)
2. Financial proposal
3. Personal CV / P11 form including past experience in similar projects.

 

FINANCIAL PROPOSAL.

Contract based on lump sum
Each candidate will be required to submit an aggregated financial offer (“aggregated financial offer” is the total sum of all financial claims of the candidate for accomplishment of the task). Payment will be disbursed in two installments upon submission and approval of deliverables and certification by the Project Manager, Chief Technical Advisor and UNDP Counterpart at the State Chancellery that the services have been satisfactorily performed.
Payments are based upon output, i.e. upon delivery of the services specified in the TOR. First installment will be disbursed upon completion and certification of deliverable # 1 as listed in the TOR, and the final payment will be settled upon successful completion and certification of the deliverables # 2 and 3, respectively.

 

Financial proposal

 

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.