The project “Transitional Capacity Support for the Public Administration of Moldova” was designed upon the request of the Government of Moldova to enhance capacities of the Moldovan Central Public Administration in order to accelerate the reform process and achieve Moldova’s short-and medium term development goals. The project seeks to address urgent short-term capacity needs of the public administration at a time when Moldovan central government institutions face serious financial and human resources gaps. In addition to helping the Government pursue critical reform priorities, the intervention is designed to catalyze the on-going implementation of central public administration reform. It is coordinated and managed by the United Nations Development Programme (UNDP) and State Chancellery of Moldova and will complement on-going work by other donors.
It is well-known that the legal approximation process does not focus on randomly selected pieces of legislation, but rather is an organised process based on well-defined priorities. Both, the new Activity Program of the Government and the results of the negotiations of the future EU-RM Association Agreement, indicate clearly important sectors like agriculture, energy, trade, infrastructure, consumer protection, environment, public health, taxation, informational technologies, non-discrimination, etc, in which gradual legal approximation with the EU acquis shall be carried out. These objectives, together with the commitments that will be undertaken by the Moldovan Government in the context of the negotiations on future Deep and Comprehensive Free Trade Area, will undoubtedly lead to an increased number of drafts aiming at transposition of the EU law. In such circumstances, there is a need for higher degree of sectoral specialisation at various stages of the legal approximation process like planning, assessment of the compliance with the EU acquis, proposals for further improvement of the drafts, advising the Government, Parliament on the deficiencies of the drafts, if needed, etc. Only a sectoral specialisation will ensure a high quality of the legal approximation process even when facing an increased workload.
The Moldovan diaspora and non-governmental sector, including the private and civil society sectors, would be the main source for such consultants. They would not be expected to become permanent staff of the civil service, but, based on a competitive process, would be hired for a defined period. Capacity Building Consultants could be freely tasked with re-designing the structure of an administrative unit, training, or the introduction/presentation of completely new regulations and procedures not previously handled by the administrative unit (none of these are expected to become permanent functions of a typical administrative unit). It could also be that the consultants establish and implement processes and procedures that an administrative unit is expected to perform on a regular basis in the future, for capacity building often needs to start by “showing by doing”.
Capacity building consultants (CBC) would be engaged and their TORs defined in a way that would protect the integrity of the civil service work to strengthen its intrinsic capacity and to guard against subtracting capacity from the civil service. For example, CBCs could be freely tasked with re-designing the structure of an administrative unit, training, or the introduction/presentation of completely new regulations and procedures not previously handled by the administrative unit (none of these are expected to become permanent functions of a typical administrative unit).
In most cases, the sub-projects will be composed of national consultants – professionals who provide advice, coaching, and skills that are not expected to be performed on a permanent basis by the civil service. One of the main goals of the TCS project is the transfer of knowledge from consultants to civil servants. Involvement of officials of the beneficiary institutions in monitoring the consultants will facilitate direct transfer of knowledge and will ensure closer cooperation between officials of the Ministry and the experts engaged. It could also be that the consultants establish and implement processes and procedures that an administrative unit is expected to perform on a regular basis in the future, for capacity building often needs to start by “showing by doing”.
The European integration objective can be achieved only by making appropriate reforms, including by the alignment of the national legislation to the European norms and standards. The new Activity Program of the Government of the Republic of Moldova European Integration: Freedom, Democracy, Welfare for the period 2011-2014 establishes as one of the main objective: the European integration and the legal approximation of the national legislation with the EU acquis in the context of the current negotiations of the Associations Agreement, other bilateral agreements with the EU, as well as the process of visa liberalisation regime.
SCOPE OF WORK, RESPONSIBILITIES AND DESCRIPTION OF THE PROPOSED ANALYTICAL WORK
The scope of the work of the National Consultant is to provide assistance in order to build the sectoral capacity of the CLA in the fields of: Health and Social Policy. The National Consultant will produce reviews and assessments as well provide strategic recommendations as required by the target beneficiaries.
In order to achieve the stated objectives, the National Consultant will have the following responsibilities:
- Assess of the needs for legal approximation in the sector;
- Advise the relevant authorities on the legal approximation priorities for the 2012 year and for the multiannual plan;
- Prepare two types of multiannual plan for legal approximation in the sector, based on the EU acts that need to be transposed and on the appropriate national measures that will ensure the transposition;
- Assist the line ministries in drafting national acts with EU relevance and tables of concordance;
- Assess the compliance of the selected national drafts in the sector with the relevant EU acquis;
- Advise on the ways of improvement the quality and the compliance of the approximated draft;
- Follow up and assist the process of updating of the table of concordance in the light of the compliance assessments of approximated national drafts;
- Prepare monthly progress reports of the component activities;
- Perform any other activities needed for the updating of the existing legal approximation mechanism or related to the legal approximation process in the context of the future EU-RM Association Agreement which may emerge during the course of time.
REQUIREMENTS FOR EXPERIENCE AND QUALIFICATIONS
I. Academic Qualifications:
- University degree in the legal field. (Degree obtained in a EU Member state, will be considered an advantage);
- University degree in the particular field (specialization) will be considered an advantage;
II. Years of experience:
- Professional experience in the legal field and in the Central Public Administration authorities;
- Knowledge of the EU legislation and the national law in the sector;
- Knowledge of law making process, law drafting technique, legal approximation technique and the evaluation of compliance methods;
- Proficiency in Romanian and English, excellent drafting and presentation skills;
- Computer proficiency, including knowledge of MS Office products (Word, Excel, Power Point).
For more details, please read the Terms of Reference and Individual Consultant Procurement Notice.
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 including past experience in similar projects and contact details for at least 3 referees.
The financial proposal shall specify a total amount per month. Payments are based upon delivery of the services specified in the TOR.