Terms of Reference (ToR) for Senior Non-Key Expert (NKE)

1. Project Background

The Technical Assistance ‘Support to the Implementation of the Crosscutting Justice Strategy’ (JUSTAL) is an EU funded Project, based on a Service Contract, which supports the Ministry of Justice of Albania (MoJ) to manage the Cross Sector Justice Strategy (CSJS) efficiently and effectively. The main 4 purposes of the contract are as follows:

1. 1. Strengthen the capacities of the Ministry of Justice to effectively implement the CSJS
   2. Assist the judiciary to coordinate in the framework of the CSJS and respective Action Plan
   3. Assist the judiciary to collect data and report on results of the implementation of the CSJS
   4. Strengthen capacities of the judiciary to communicate on justice reform and the results of implementation of the CSJS and its Action Plan.
2. Assignment Background and Scope of the work
3. 1. Background

The objective of Component 1 is inter alia to strengthen the capacities of the MoJ to effectively implement the CSJS (result 1) and Component 2 aims to enhance coordination and monitoring among the implementing institutions of the CSJS and to strengthen reporting capacities of the judiciary, and particularly of the MoJ in its role of the coordinator of the CSJS.

Under Activity 1.1.1. and 2.1.1. JUSTAL supported the MoJ in carrying out a Needs Assessment (NA) about the management capacities, including the capacity to gather and analyze data and information related to the CSJS and elaborated a Capacity Building Plan. Under Activity 1.1.2 and 2.1.2 JUSTAL supports the building of the management and reporting capacities of the units and staff responsible for the management of the CSJS in accordance with the Capacity Building Plan. Both activities are on-going.

In preparation of the support to Activity 1.2.1 with the title ‘Updating of the CSJS’, under Activity 2.2.1. JUSTAL is currently supporting the MoJ through the elaboration of an Interim Assessment Report, which is expected to contain recommendations for an update of the CSJS. The Report will in particular contain a part related to the assessment of the implementation of the strategy (substantive aspects), and one related to the mechanism for managing the implementation of the CSJS (institutional, procedural and management aspects).

Furthermore, Albania is in-midst of the screening process, has received the Screening Report regarding the justice system functioning and is in process of elaborating the negotiating positions. In this context the country needs to make sure that all strategic objectives, benchmarks and recommendations stemming from this process are reflected in the relevant strategies and linked with meaningful measures and indicators. Therefore, it is expected that in fall 2023, the MoJ starts with a process of updating or the elaboration of a new CSJS, including its Action Plan.

Due to the new developments in the EU integration process this process of update of the CSJS is expected to add an additional layer of complexity and comprehensiveness to the already complex situation of coordinating policies in an area where most relevant institutions are independent and where the cooperation and coordination culture leaves room for improvement. It is not excluded that the CSJS will not only be updated but a new CSJS will be elaborated.

Activity 2.2.2. foresees support to the MoJ in elaborating standard forms, templates, checklists, which are facilitating the implementation, monitoring and evaluation of the CSJS as well as data collection and reporting. For this purpose, in January 2023 JUSTAL started assisting the MoJ in the elaboration of a Style Guide. The Style Guide contains a set of rules on formal aspects of writing a report, including for example rules on punctuation, abbreviation, footnotes, references etc. The Style Guide is supposed to assist in standardizing the reporting in different areas, where reporting institutions adopt different styles for their respective inputs to the MoJ. In addition, JUSTAL has already elaborated four new templates and assists the MoJ in the implementation of these templates.

It is expected that in the context of the update of the CSJS respectively the elaboration of a new CSJS the need for new forms and templates or revision of forms or templates arises, aiming at standardizing the process of monitoring and reporting. In this regard, training for the proper use of standard forms is envisaged.

Moreover, under Activity 1.6.2. JUSTAL is supporting the MoJ in the elaboration of justice related legislation in compliance with the EU acquis. Currently the MoJ is in process of elaboration of a new Criminal Code. JUSTAL has supported the MoJ in the identification of relevant EU acquis for the revision of the Criminal Code. In the months of October and November 2023, the MoJ will elaborate respectively update Tables of Concordance based in the draft version, which will be subject to public consultation. The MoJ has requested support in the elaboration respectively update of these ToCs for relevant EU acquis which accompanies these legislative processes, as far as JUSTAL resources are available.

1. 2. Requested services and expertise

Under Activity 1.1.2. and Activity 2.1.2 the expert shall contribute to the implementation of the Capacity Building Plan and shall participate as a trainer in capacity building activities related to the management of the implementation of the CSJS.

In particular, the expert will be involved as trainer in the training activity regarding the monitoring of implementation of the CSJS and development of the analytical and drafting skills and capacity of the staff of the MoJ, as well as of the subordinate and independent institutions in charge of reporting. Furthermore the expert shall carry out trainings for the MoJ staff in charge of drafting the reports in an easily understandable manner.

Under Activity 1.2.1 the expert is expected to contribute, along with JUSTAL KEs, to the updating or elaboration of a new CSJS and related strategic documents. This includes an analysis of the relevant EU integration papers (Screening Report, negotiating positions, EU Progress Reports, Recommendations of international partners), review and analysis of all measures of the current Action Plan (182) and all indicators of the Passport of indicators (32) as well as elaboration of proposals for the update or re- elaboration of the CSJS and Action Plan and the respective process of coordination with subordinate and independent justice institutions and a comprehensive consultation process.

The expert will assist the MoJ also in identifying the data which need to be collected for the monitoring of the implementation of the CSJS, in determining the definition of the data and the method of presenting the data. CEPEJ rules and guidance as well as the specifics of different institutions involved in the data collection shall be taken into consideration during the elaboration of the methodology. The purpose of the methodology is to standardize the process of data collection and to elaborate uniform rules applicable by all stakeholders, while taking into consideration the specifics of each institution.

Furthermore, under Activity 2.2.1 and Activity 2.2.2. the expert will contribute to the functioning of the Monitoring Mechanism through participation in trainings related to the implementation of already adopted standard forms as foreseen by the Capacity Building Programme. In addition, the expert may also be requested to submit proposals for and elaborate new standard forms and templates needed for the improvement of the entire process of reporting, including providing reliable statistical data, analysis of the data collected from the prospective of achievement of strategic goals and specific objectives.

Finally the expert is expected to assist the MoJ under Activity 1.6.2. to elaborate and update ToCs as determined and agreed between the MoJ and JUSTAL.

1. 3. Outputs and outcome

Under Activity 1.1.2 and 2.1.2:

• • • Deliver capacity building measures related to management of the CSJS, including the reporting, data collection and analysis of the data collected as foreseen in the Capacity Building Plan or agreed with the MoJ
    • Deliver capacity building measures related to strengthening analytical and drafting skills of the staff in charge of the management, preparation, monitoring, reporting on and updating the CSJS
    • Comments and other feedback on reports, developments, or strategic documents, which are requested by the MoJ on short term, which are within the scope of this TOR.

Under Activity 1.2.1.:

• • • Contributing and accompanying the process of updating of or elaboration of a new CSJS, Action Plan, Passport of Indicators

Under Activity 2.2.1:

• • • Elaboration of a draft scheme for an Early Warning Mechanism

Under Activity 2.2.2.:

• • • Assisting the MoJ in the elaboration of templates and standard forms already elaborated by JUSTAL;

Under Activity 1.6.2.:

• • • Elaboration of ToCs related to the legislative initiatives of the MoJ as agreed between JUSTAL and the MoJ

The expert shall draft and present comments and other counselling on reports, developments or strategic documents, which are requested by the MoJ on short term, which are within the scope and time frame of this TOR.

The expert is expected to be available for coordination meetings with the beneficiaries and the project team.

1. 4. Reporting

The NKE shall provide a short Mission Report before submitting the invoice. The mission report will include a description of all activities and the outputs provided by the NKE in the context of this assignment.

3. Expert Input

4. Expert Profile/Requested Qualifications

5. Eligibility Requirements

In order to participate in the selection procedure, on the date of sending the application, all candidates must have the following eligibility requirements:

• No criminal convictions and no measures concerning the application of preventive measures, civil decisions and administrative measures registered in the criminal record or for any crime which determines the inability to contract with the Public Administration.
• Not subjected to criminal proceedings.
• No potential conflict of interest, such as any financial, economic or other personal interest which might be perceived to compromise his or her impartiality and independence directly or indirectly and which might result in a distortion of competition.
• Are not Albanian civil servants.

Please find more details on data protection and how the German Foundation for International Legal Cooperation (IRZ) processes your personal data and which rights you have under the data privacy law here: https://www.irz.de/index.php/en/data-privacy-notice-en

6. Application

The Terms of Reference will be published on the following online sources: IRZ LinkedIn / IRZ Homepage / JUSTAL Homepage/ EUD Albania Homepage. Candidates are invited to send their CV and motivation letter, preferably in the EuropeAid format, by 20 September 2023 23:59. References must be available upon request.

Please send the application to: Ms Nathalie Herbeck, Project Director IRZ and cc Ms Anastasia Schmieder, Project Manager IRZ (herbeck@irz.de, schmieder@irz.de).

The decision to whom to award the tender will be based on the requested qualifications stated above and evaluated according to the scale: Exceeds the requirement (10), Very good (8), Good (6), Satisfactory (4), Sufficient (2), Not meeting requirement (0).

In making the decision, following weighting will be considered:

1. 1. Education and overall professional qualifications (40%)
   2. Relevance and specificity of professional experience for the assignment (60%)

By handing in an offer, the candidate declares his/her acceptance to the conditions mentioned above.

The candidates will be informed via email about the outcome of the selection procedure.

IRZ reserves the right to award the contract without negotiation, based upon the initial proposals. If necessary, interviews with the potential candidates will be held.

The assignment will have to be formally approved by the European Union Delegation to Albania, assuming no objection from the relevant beneficiaries.