National Legal Consultant with background in Law drafting 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
Job no: 578534
Position type: Consultant
Location: Republic of Moldova
Division/Equivalent: CEE/CIS
School/Unit: Moldova
Department/Office: Chisinau, 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 Consultancy:
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 will include:
- Identification of international obligations and national priorities associated with the Directive.
- Review the objectives, principles, terminology, requirements, and standards established by the Directive.
- Identification of relevant EU legal acts that must be transposed in line with the Directive.
- Examination of relevant jurisprudence from the Court of Justice of the European Union.
- Comparative analysis of EU member states /candidate countries regarding the transposition and implementation of the Directive.
- Identification of legal acts that may require amendment or development, if necessary.
2) Development of draft normative acts to transpose the Directive in accordance with legislative drafting requirements:
- Define the category, scope, and structure of the draft normative acts.
- Prepare the initial draft of the normative acts and an accompanying explanatory note.
- Develop the concordance table in parallel with the drafting of the normative acts.
- Provide technical support to the Ministry of Justice throughout the public consultation process.
3) Provide technical support to the Ministry of Justice in drafting the final version of normative acts:
- Prepare a summary of objections and proposals from public administration authorities, as well as synthesize the recommendations from civil society.
- Draft the final version of the normative acts, including adjustments to the concordance table and the explanatory note.
- Assist the Ministry of Justice in submitting the document package to the Government.
Deliverables and delivery dates
Tasks |
Deliverable |
Timeline* Working days |
The analysis of the Directive |
Directive analysis report |
5 |
Develop the initial version of the normative acts |
Draft normative acts |
12 |
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 days |
* Exact deadlines will be mutually agreed upon contract signature.
Reporting requirements
The Consultants will work under the direct supervision of the UNICEF Moldova 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 travel.
To qualify as an advocate for every child you will have…
- Master’s Degree or equivalent in law (5-year university education).
- A minimum of 3 years of practical experience drafting Law.
- Drafting Law in child rights, child-friendly justice, or criminal justice is a strong asset.
- Demonstrated extensive knowledge of EU accession process and legislation.
- Proven experience in the harmonization of national legal framework with EU legislation.
- Fluency in Romanian and working knowledge of English is required.
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)
ToR MoJ Consultancy legal drafting_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.
Technical Offer_Legal Drafting.docx
Financial Offer_Legal Drafting.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.
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