Anunțuri de Angajare

SCOPE OF WORK

Position:                                 Local Legal Consultant (further Consultant)

Program:                                USAID Moldova Institutional and Structural Reforms Activity (MISRA)

Location:                                Chisinau, Moldova

Period of Performance:        April - June 2024

Total Level of Effort:             up to 30 days 

Work Plan Activity:             Task 2.1.2 (FY24 WP): Mitigation of regulatory burden on companies.

Background

The USAID Moldova Institutional and Structural Reform Activity (MISRA) is a five-year project funded by the United States Agency for International Development (USAID) and implemented by Nathan Associates Inc. MISRA’s objective is to stimulate a sustainable and inclusive recovery from the regional crisis, improve the institutional, business, and trade enabling environment in Moldova by supporting Moldova’s public institutions and the private sector to accelerate the implementation of trade liberalization mechanisms, adopt structural and investment climate reforms, accelerate financial sector reforms, improve economic governance in the public sector, and enhance strategic communications between the private and public actors. MISRA builds on prior and ongoing USAID and US Government activities in the business enabling environment and trade facilitation space to strengthen Moldova’s economic growth and resilience, and by doing so, increase transparency and accountability.

 Activity Overview

The private sector in the Republic of Moldova faces legal ambiguity and administrative hurdles due to the scattered nature of business-related laws. The lack of a unified legal act leads to inefficiencies and a barrier to entry for potential entrepreneurs, hindering economic growth and innovation, generating overlapping or even contradictory norms, and non-homogeneous language.

The integration of the Republic of Moldova into the European Union requires the harmonization of national legislation with the acquis communautaire. This process is essential for the creation of a favorable business environment, which stimulates investments, innovation and competitiveness. An optimal legislative framework should meet the following objectives:

• Coherence and accessibility: Legislation should be easy to understand and apply by economic agents, providing clarity and predictability.
• Clarity and efficiency: Legal rules must be formulated clearly, concisely and unambiguously, avoiding redundancy and over-regulation.
• Protection of the business environment: The legislative framework must provide a framework of legal certainty and predictability, protecting the relations between the business environment and the state.
• Protection measures for entrepreneurs: Legislation should include temporary protection and support measures for entrepreneurs.
• Norms and standards of principle: Establishing a set of provisions and standards with principle value, which guide economic activity and relations between the state and the business environment.
• Harmonization with European legislation: The national legislative framework must be compatible with European legislation and international best practices.

To simplify the legal process for both current and prospective business owners, align with EU standards, enhance legal predictability, and reduce the administrative burden on businesses, at the request of the Ministry of Economic Development and Digitalization (MoEDD), MISRA will assess the feasibility of the development of a legal act which will provide for a set of norms and standards, which guide economic activity and relations between the state and the business environment in the Republic of Moldova, in line with EU Directives and regulations.

The analysis will cover the following dimensions:

• Review and mapping of the existing laws that regulate the entrepreneurial activity in Moldova;
• Review of the provisions of the Law no. 845/1992 on entrepreneurship and enterprises and those of the Law no. 233/2006 on the basic principles for the regulation of the entrepreneurial activity, and how they can be amended in view of alignment with EU provisions;
• Mapping of the European Directives and Regulations that are applicable to the business environment and will need to be transposed within the Moldovan legislation;
• Identification of international and European regulatory and policy best practices (e.g. European Small Business Act, OEDC Guideline for Multinational Enterprises on Responsible Business Conduct, US Regulatory Flexibility Act, etc.);
• Evaluation of the economic impact, potential costs and benefits for businesses, investors, government agencies, and the overall economy;
• Assessment of the impact on regulatory compliance, administrative efficiency, investment attractiveness, and economic growth;
• Assessment of the opportunity of a set of rules and normative standards with principle value (corporate governance, competition, taxation, etc.);
• Engagement with all relevant stakeholders and consultation with government authorities, business associations, legal experts;
• Providing recommendations on the main provisions/content of the proposed legal framework based on identified needs and best practices.

Responsibilities and Tasks

The consultant will be responsible for the following:

 Task 1. Assess the feasibility of the development of a legal framework to provide a set of norms and standards with principle value, which guide economic activity and relations between the state and the business environment in the republic of Moldova, in line with EU directives and regulations.

Task 2. Participate in consultations and discussions with the MoEDD, Economic Council to the Prime Minister and other relevant stakeholders including private sector and adjust the assessment based on their comments and proposals.

 Deliverables

The Consultant will produce the following deliverables:

• Assessment on the feasibility of the development the legal framework regulating the business environment in Moldova, by May 31, 2024.
• Report documenting findings from consultations with relevant stakeholders and private sector and the assessment improved based on their comments and proposals, by June 28, 2024.

Skills and Qualifications

• Master’s degree in law, economics, or related field.
• In-depth knowledge of relevant national and international legal frameworks.
• Minimum of 10 years of experience in drafting legal/normative acts and supporting documents.
• Demonstrated knowledge and experience in legal/normative consultation processes (both public and private sectors).
• Experience working with public authorities.
• Strong writing and speaking skills in Romanian are required; proficiency in English is preferred.
• Excellent communication and collaboration skills.
• Experience working with USAID and/or other international donors preferred.

 Supervisory Responsibilities and Reporting

The Consultant will coordinate tasks and deliverables directly with the Component 2 Structural Reform Team Lead and Structural Reform Expert.

 How to Apply

We welcome your CV and preferably cover letter at Moldovajobs@nathaninc.com. Please apply by March 13, 2024 with “Legal Consultant for business related framework” in the subject line. This short-term position will remain open until filled.