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National Legal Consultant with background in Criminal Justice to provide technical support to the Ministry of Justice to assess and transpose Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016

Apply now Job no: 578535
Contract type: Consultant
Duty Station: Chisinau
Level: Consultancy
Location: Republic of Moldova
Categories: Child Protection

UNICEF works in some of the world’s toughest places, to reach the world’s most disadvantaged children. To save their lives. To defend their rights. To help them fulfill their potential. 

Across 190 countries and territories, we work for every child, everywhere, every day, to build a better world for everyone. 

And we never give up. 

For every child, justice

The Republic of Moldova's EU integration process is essential and represents a key component of its development strategy. The European Council granted the Republic of Moldova EU candidate status in June 2022 and decided to open accession negotiations with the country in December 2023. The first intergovernmental conference marking the formal launch of the accession negotiations was held on 25 June 2024 and the bilateral Screening started in September 2024. According to the Negotiating Framework, Moldova must prepare roadmaps that will incorporate all the measures that need to be taken to advance the Republic of Moldova's progress, including the country’s capacity to transpose EU legislation and implement the EU acquis effectively. Children’s access to child-friendly justice is a key priority for UNICEF. This focus is embedded in UNICEF’s Global Strategic Plan, the Country Programme with the Republic of Moldova, and closely aligned with the EU Strategy on the Rights of the Child. Therefore, UNICEF is committed to supporting the Government of Moldova in strengthening the justice system for children, ensuring alignment with global standards and the EU Acquis. Based on the Rolling Work Plan signed with the Ministry of Justice, UNICEF is providing technical support to the partner to develop, revise, and implement policy and normative framework on child-friendly and gender-sensitive justice. The EU Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings 2016/800 (hereafter - the Directive) is considered a priority document to be assessed and transposed into national legislation. A team of two individual consultants will conduct an analysis and draft proposals for transposing the Directive. One consultant will have a background in comparative analysis of criminal and criminal procedures Laws, while the other will bring expertise in legal drafting.

How can you make a difference? 

Purpose of the assignment

The purpose of this consultancy is to provide technical support to the Ministry of Justice to transpose the EU Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings 2016/800 into the national legal framework.

Objectives of the Consultancy:

  1. Analyze the EU Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings (2016/800) and develop a comprehensive report.
  2. Development of the draft normative acts to transpose the Directive according to the drafting law requirements.
  3. Provide technical support to the Ministry of Justice to draft the final version of normative acts, a summary of objections and proposals, and adjust the concordance table.

Details of how the work should be delivered

The team of two consultants, in collaboration with UNICEF, will provide technical support to the Ministry of Justice to perform all stages of the approximation process with the EU Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings (2016/800), in particular:

  1. The analysis of the Directive.
  2. Development of draft normative acts to transpose the Directive in accordance with legislative drafting requirements.
  3. Provide technical support to the Ministry of Justice in drafting the final version of normative acts.

Deliverables and delivery dates

Tasks

Deliverable

Timeline* Working days

The analysis of the Directive

Directive analysis report

12

Develop the initial version of the normative acts

Draft normative acts

5

Provide an explanation of the proposed draft normative acts

Explanatory note

3

Conduct a comparative analysis of the national legislation and the Directive

Table of Concordance

8

Offer technical support during the consultation of the drafts

Draft Synthesis objections and recommendations

5

Perform final review of the draft normative acts and all accompanying documents for submission for approval

The final version of normative acts

2

Total:

35

* Exact deadlines will be mutually agreed upon contract signature.

Reporting requirements

The Consultants will work under the direct supervision of the Child Protection Officer, in close cooperation with the Ministry of Justice. All the activities and deliverables undertaken by the Consultants shall be discussed and planned in consultation with UNICEF and the Ministry of Justice. Each product will be subject to UNICEF review before approval. All deliverables need to be submitted in electronic format (Word) in the English and Romanian languages. 

Performance indicators for evaluation of results:

The performance of work will be evaluated based on the following indicators:

  • Completion of tasks specified in ToR;
  • Application of the National Regulatory Framework and Legislative Technical Standards
  • Compliance with the established deadlines for submission of deliverables;
  • Quality of work;
  • Demonstration of high standards in cooperation and communication with the Ministry of Justice and UNICEF.

Payment schedule

The payment will be linked to the following deliverables upon satisfactory completion and acceptance by UNICEF and MoJ:

Deliverable

Proportion of payment

Directive analysis report

30 %

Draft normative acts

Explanatory note

Table of Concordance

40 %

Draft Synthesis objections and recommendations

The final version of normative acts

30 %

UNICEF reserves the right to withhold all or a portion of payment if performance is unsatisfactory, if work/outputs are incomplete, not delivered for failure to meet deadlines.

Work location and official travel involved

The consultancy will be performed remotely. The work will not require in-country travels.

To qualify as an advocate for every child you will have… 

  • Master’s Degree or equivalent in law (5-year university education).
  • Specialization in Criminal Law or Criminal Procedures Law.
  • Practical experience in child rights, child-friendly justice, or criminal justice is a strong asset.
  • Analytical capacity and proven experience in qualitative analysis, strong legal research skills. 
  • Demonstrated extensive knowledge of EU accession process and legislation.
  • Fluency in Romanian and working knowledge of English.

For every Child, you demonstrate… 

UNICEF's values of Care, Respect, Integrity, Trust, Accountability, and Sustainability (CRITAS). 

 To view our competency framework, please visit  here

For more details on the consultancy assignment and requirements, please refer to attached Terms of reference (ToR)

Download File ToR MoJ Criminal Justice_VA.docx

HOW TO APPLY: Your online application should contain the Technical and Financial Offers (templates below). Please secure the Financial Proposal *.pdf document with a password on document view; the password will be requested only from technically qualified candidates. 

Download File Technical Offer_Criminal Justice.docx

Download File Financial Offer_Criminal Justice.xlsx

UNICEF is committed to diversity and inclusion within its workforce, and encourages all candidates, irrespective of gender, nationality, religious or ethnic background, and persons with disabilities, to apply to become a part of the organization. To create a more inclusive workplace, UNICEF offers paid parental leave, breastfeeding breaks, and reasonable accommodation for persons with disabilities. UNICEF strongly encourages the use of flexible working arrangements. Click here to learn more about flexible work arrangements, well-being, and benefits.

According to the UN Convention on the Rights of Persons with Disabilities (UNCRPD), persons with disabilities include those who have long-term physical, mental, intellectual, or sensory impairments which, in interaction with various barriers, may hinder their full and effective participation in society on an equal basis with others. In its Disability Inclusion Policy and Strategy 2022-2030, UNICEF has committed to increase the number of employees with disabilities by 2030. At UNICEF, we provide reasonable accommodation for work-related support requirements of candidates and employees with disabilities. Also, UNICEF has launched a Global Accessibility Helpdesk to strengthen physical and digital accessibility. If you are an applicant with a disability who needs digital accessibility support in completing the online application, please submit your request through the accessibility email button on the UNICEF Careers webpage Accessibility | UNICEF.

UNICEF does not hire candidates who are married to children (persons under 18). UNICEF has a zero-tolerance policy on conduct that is incompatible with the aims and objectives of the United Nations and UNICEF, including sexual exploitation and abuse, sexual harassment, abuse of authority and discrimination based on gender, nationality, age, race, sexual orientation, religious or ethnic background or disabilities. UNICEF is committed to promote the protection and safeguarding of all children. All selected candidates will, therefore, undergo rigorous reference and background checks, and will be expected to adhere to these standards and principles. Background checks will include the verification of academic credential(s) and employment history. Selected candidates may be required to provide additional information to conduct a background check, and selected candidates with disabilities may be requested to submit supporting documentation in relation to their disability confidentially.

Remarks:  

Only shortlisted candidates will be contacted and advance to the next stage of the selection process. 

Individuals engaged under a consultancy or individual contract will not be considered “staff members” under the Staff Regulations and Rules of the United Nations and UNICEF’s policies and procedures and will not be entitled to benefits provided therein (such as leave entitlements and medical insurance coverage). Their conditions of service will be governed by their contract and the General Conditions of Contracts for the Services of Consultants and Individual Contractors. Consultants and individual contractors are responsible for determining their tax liabilities and for the payment of any taxes and/or duties, in accordance with local or other applicable laws. 

The selected candidate is solely responsible to ensure that the visa (if applicable) and health insurance required to perform the duties of the contract are valid for the entire period of the contract. Selected candidates are subject to confirmation of fully-vaccinated status against SARS-CoV-2 (Covid-19) with a World Health Organization (WHO)-endorsed vaccine, which must be met prior to taking up the assignment. It does not apply to consultants who will work remotely and are not expected to work on or visit UNICEF premises, programme delivery locations or directly interact with communities UNICEF works with, nor to travel to perform functions for UNICEF for the duration of their consultancy contracts. 

Advertised: GTB Standard Time
Deadline: GTB Standard Time

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