Legislative Analysis and Drafting Consultant. Short-term consultancy for USAID Justice and Anti-Corruption Reform Activity (JARA)

Legislative Analysis and Drafting Consultant

Short-term consultancy

For USAID Justice and Anti-Corruption Reform Activity (JARA)

Chisinau, Moldova

Dexis Consulting Group seeks qualified Moldovan nationals for the following short term technical assistance to the Anti-Corruption Prosecution Office as defined below.

Applications will be accepted until 18:00, 1 September 2023.

Background:  The purpose of JARA is to support the Moldovan Government’s efforts to implement justice reform and promote its anti-corruption commitments. Support will contribute to the establishment and operation of a mini-secretariat to monitor the implementation of the Justice Development Strategy for years 2022-2025 (hereinafter referred to as the Justice Strategy) and its corresponding Plan; pursue implementation of specific activities from the Justice Strategy and Plan, including targeted assistance for the extraordinary evaluation of judges and prosecutors; and advance anti-corruption reform through implementation of specific commitments. JARA planning is driven by four primary objectives which are:  1) Support the establishment of a short-term mini-secretariat to monitor implementation of the 2022-2025 Justice Strategy and its corresponding Action Plan; 2) Support in training judges on specialized financial topics, as well as complementary support for the vetting process; 3) Legislative and analytical expertise to the main anti-corruption institutions - the National Anticorruption Center (NAC) and the Anti-Corruption Prosecutor’s Office (APO); and 4) Raising awareness and strengthening visibility of anti-corruption efforts among the general public through civil society.

Assignment:

Legislative Analysis

In the framework of this assignment, the Consultant will provide support and assistance to the Head of APO and designated prosecutors in the process of analyzing incoming legislative initiatives (draft laws or amendments to the existing laws) that regulate the functioning of specialized prosecutors’ offices, amendments to the Criminal Procedure Code of Moldova, amendments to the Criminal Code of Moldova, amendments to the rules and procedures of investigation and prosecution of corruption and associated crimes, amendments to the special investigative activities’ legislation, anti-money laundering/assets recovery legislation and other legislative and functional areas pertinent to APO’s mandate; assist the Head of APO and designated prosecutors with drafting the commentaries, observations and feedback on the above mentioned legislative initiatives that are to be presented by APO to relevant executive branch agencies and Parliament. 

Legislative Opinions Drafting and Monitoring 

The Consultant will support the Head of APO and designated prosecutors with Consultant advice in drafting APO’s institutional opinions, position papers, observations, rationale (explanatory notes) to the laws and amendments that regulate the functioning of specialized prosecutors’ offices, amendments to the Criminal Procedure Code of Moldova, amendments to the Criminal Code of Moldova, amendments to the rules and procedures of investigation and prosecution of corruption and associated crimes, draft amendments to special investigative activities, anti-money laundering/assets recovery legislation and other areas pertinent to APO’s mandate;  monitoring and tracking the status of draft laws and amendments relevant to APO’s mandate and activities throughout the lawmaking processes and stages, regulated by Law on Normative Acts and attachments hereto (Law No. 100 of 22.12.2017); assist the Head of APO in drafting media and public information/notifications/messages about anti-corruption legislative initiatives and APO’s activities in investigating and prosecuting cases of high-level corruption and associated crimes;

Legislative Research & Information Gathering 

The Consultant will be also responsible for providing assistance in researching and compiling relevant legislative standards, practices of the European Union (EU) Acquis communautaire, individual EU member-states anti-corruption/criminal justice substantive and procedural laws, relevant case-law of the European Court of Human Rights (ECtHR), and other international criminal justice standards enshrined through relevant treaties and conventions ratified by the Republic of Moldova (e.g. United Nations treaties and commentaries hereto; recommendations and advisory opinions of relevant Council of Europe’s bodies).    

Tasks and Activities: 

• Analyze all incoming draft laws and amendments to the existing laws that regulate the functioning of specialized prosecutors’ offices, amendments to the Criminal Procedure Code of Moldova, amendments to the Criminal Code of Moldova, amendments to the rules and procedures of investigation and prosecution of corruption and associated crimes, amendments to the special investigative activities’ legislation, anti-money laundering/assets recovery legislation and other legislative and functional areas pertinent to APO’s mandate;
• Advice on and draft commentaries, observations and feedback for APO’s institutional opinions, position papers, replies, rationale (explanatory notes) to laws and amendments that regulate the aforementioned areas, including by facilitating the coordination with governmental relevant agencies.
• Track and monitor the status of draft laws and amendments relevant to APO’s mandate and activities throughout the lawmaking processes and stages and draft media and public tailored information/notifications/messages about anti-corruption legislative initiatives and APO’s activities in investigating and prosecuting cases of high-level corruption and associated crimes.
• Research and compile relevant legislative standards, practices of the European Union (EU) Acquis communautaire, individual EU member-states anti-corruption/criminal justice substantive and procedural laws, relevant case-law of the European Court of Human Rights (ECtHR), and other international criminal justice standards enshrined through relevant treaties and conventions ratified by the Republic of Moldova.

Level of Effort 

The initial anticipated level of effort of this consultancy is the equivalent 40 days (320 hours) and a six-day work week may be authorized if needed. This consultancy's level of effort may be supplemented with up to an additional 30 days if requested by the beneficiary.

Location and Period of Assignment  

The location of this assignment is: Chisinau, Moldova. The Consultant will carry out the work in accordance with the number of days listed above. The estimated period of performance is from date of contract signing through January 15, 2024.

Minimum Requirements:

The Consultant will meet the following criteria:

• An advanced university degree in law, criminal justice. Those with initial and advanced degrees in the above noted subjects will be given preference. A university degree with additional professional experience in lieu of the advanced university degree may be considered.
• At least 5 years of professional experience within the Moldovan justice sector governmental agencies or Parliament with the focus on analyzing and drafting laws and amendments to the Criminal and Criminal Procedure Codes, justice sector area laws and regulations, investigation and prosecution of corruption and associated crimes.
• In-depth knowledge of the specialized prosecution office’s regulatory and functional frameworks, practical expertise of the law-making processes and stages.
• Fluency in Romanian. Working knowledge of English is desirable.

Those interested in applying should send the following to moldovajobs@dexisonline.com with “Legislative Analysis and Drafting Consultant” in the subject line:

• Cover letter defining how the applicant meets the minimum requirements.
• Current CV.
• The name, position title, mobile number and email address of three professional references.

Incomplete submission will not be considered.  Only shortlisted candidates will be contacted.