J U S T A L

Technical Assistance to Support to the Implementation of the Crosscutting Justice Strategy EU Service Contract, Albania

IPA/2022/433-119

Terms of Reference (ToR) for 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 purpose of the contract is to:

1. 1. Strengthen the capacities of the MoJ to effectively implement the CSJS;
   2. Assist the justice system institutions to coordinate in the framework of the CSJS and respective Action Plan;
   3. Assist the justice system institutions to collect data and report on results of the implementation of the CSJS;
   4. Strengthen capacities of the justice system institutions to communicate on justice reform and the results of implementation of the CSJS and its Action Plan.

JUSTAL also covers assistance to enhance the donor coordination capacities of the MoJ as well as the capacities of the General Directorate of Codification and Harmonisation of Legislation.

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). According to the ToR, the specific objective to be achieved is to strengthened capacities of the MoJ in the context of CSJS implementation, including in legal drafting in compliance with the EU acquis and best practices.

The MoJ is in process of elaborating a draft Law on the Organisation and Functioning of the Albanian Forensic Institute. The draft law has several objectives including the following:

• Unifying the procedures for providing expert’s opinions in the field of forensic medicine;
• Re-organizing the Forensic Institute and increasing its capacities;
• Ensuring continuous scientific qualification of forensic medicine specialists;
• Increasing the quality of the service offered by Forensic Institute.

Thus the draft law regulates inter alia the functioning of forensic science institutes in the Republic of Albania, as well as the unification of procedures for providing expert’s opinions in support of justice bodies, public institutions and private entities in investigative and judicial cases.

The currently available draft reflects widely the practice adopted in Albania in the past. The MoJ is interested in having input to the draft Law from the perspective of best practices in Europe, which aim at ensuring in particular a clear definition of the role of experts vis a vis judicial functionaries (police, prosecution, courts), a well-designed internal functioning, clarity on types of forensic expertise (based on medical and technological developments so the law can resist in time), clarity on the Institute’s service at local level as well as on the subjects that can request the expertise and the corresponding fees, etc.

1. 2. Requested services and expertise

The expert will support the MoJ in elaborating the draft Law on the Organisation and Functioning of the Albanian Forensic Institute, by:

• Providing comments to the available draft law; and
• Suggesting proposals on the functioning of the institute based on best practice examples in Europe, in particular those aiming at ensuring a clear definition of the role of experts vis a vis judicial functionaries (police, prosecution, courts), a well-designed internal functioning, clarity on types of forensic expertise (based on medical and technological developments so the law can resist in time), clarity on the Institute’s service at local level as well as on the subjects that can request the expertise and the corresponding fees, etc..

The expert is furthermore expected to attend coordination meetings with the MoJ and consultation meetings as well as to elaborate further on issues, which are deemed needing a further analysis based on the feedback of the MoJ and stakeholders.

1. 3. Stakeholders involved

The main involved stakeholders are the staff of the General Directorate of Codification and Harmonization at the MoJ.

1. 4. Outputs and outcome

The expert shall, in close collaboration with JUSTAL KE, elaborate a Report with comments to the draft Law on the Organisation and Functioning of the Albanian Forensic Institute as well as recommendations and guidance for improving the draft law based on best practice in Europe.

1. 5. Reporting

The NKE shall provide Mission Report each time when 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.

1. 6. Expert Input

1. 7. Expert Profile/Requested Qualifications

3. Tender Procedure

Three candidates considered suitable will be invited via email to hand in their offer, consisting of CV, preferably in the EuropeAid format and a motivation letter by 12 February 2023 23:59 (Germany time zone). References must be available upon request.

The decision to whom to award the tender will be based on the requested qualifications stated above. In making the decision, following criteria will be considered as follows:

1. 1. Education and overall professional qualifications (40%)

                          2.    Relevance and specificity of professional experience for the assignment (60%)                         

A shortlist will be drawn up. Out of the shortlisted candidates, only the three ones with the highest fulfilment of criteria will be invited to participate in an online interview to present their offers. The final selection will be based on the requested qualifications and the interview.

The interviews will take place on 14-15 February 2023 via Zoom.

The offers need to be submitted by e-mail to Nathalie Herbeck herbeck@irz.de (Project Director) and Anastasia Schmieder schmieder@irz.de (Project Manager).

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

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

IRZ reserves the right to award the contract without negotiation, based upon the initial proposals.

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

4. 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, like 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.

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