Ref.
2023/ESCCC/9477
Job offer type
Experts
Type of contract
Service contract
Deadline date
2023/05/30 23:59
Duration of the assignment
Beaded expertise
Contract
Freelancer
Duration
30 months (max 300 days)
Département Gouvernance - GOUV > Pôle Justice
Published on : 2023/05/16
The expert will intervene in three core components of the project:
Monitoring and evaluation (M&E) of the execution of justice policies and of the performance of the judicial system as a whole is a central responsibility of the HJPC, and is essential to ensure proper implementation of justice reforms: these reforms entail revisions of regulations, guidelines and rulebooks but also procedures to assess, review and evaluate their implementation measures at regular intervals.
Under the supervision of the Project´s Component Leader, EU4Justice will strengthen the capacities of beneficiaries through the establishment of a fully inclusive and efficient justice sector monitoring mechanism with three main goals: support the HJPC and the MoJ in the monitoring and evaluation of their implementation of reform programmes (1.1); enhance the HJPC capacities to monitor the implementation of policies by relevant institutions and JOHs (1.2); and, improve the HJPC ability to monitor and enhance the performance of the judiciary (1.3).
Integrity remains one of the major concerns for the international community and is crucial to meeting EU standards. In fact, “persistent and evident signs of deterioration continue to require urgent measure to strenghthen integrity and regain the public trust in the judiciary.” Repeated public scandals involving high-level members of the judiciary have highlighted the need for targeted and urgent reforms, particularly with regard to strengthening the integrity of Judicial Office Holders (JOHs) and the HJPC members. Under the coordination of the Project’s Team Leader, the EU4Justice projects offers to cover three fundamental aspects of integrity: asset verification of JOHs (2.1), counselling on integrity (2.2) and integrity-related training schemes (2.3).
As self-regulatory body with country-wide mandate over the judiciary, the HJPC’s competences are of particularly broad nature especially with regards to the administration of the judiciary. Despite repeated recommendations of the international community to improve the relevant rules and their implementation, “[r]ules on appointments, disciplinary responsibility, career advancement and conflict of interest of judges and prosecutors continue to be applied inconsistently and with overly board discretion.”
EU4Justice will support the HJPC in enhancing its capacities in key areas of its competences: career management - including appointments (activity 3.1) and promotions (activity 3.2) - discipline (activity 3.3) and security (activity 3.4). In addition, EU4Justice will provide ad hoc legal opinions and support in legal drafting, when needed and in areas connected with EU4Justice activities (activity 3.5).
The assignments will take place in Sarajevo and remotely. Expertise France will cover the transport costs to and from Sarajevo (within the limit of 650€). The designated expert will receive a per diem for the time spent in Sarajevo upon submission of the adequate original documentation.
A framework service contract covering all areas of intervention of the designated expert will be signed with the designated expert for a maximum number of days. Specific terms of reference detailing missions and deliverables will be issued by Expertise France with purchase orders all along the framework contracts implementation. All missions will include a mission report in addition to other deliverables detailed in the terms of references.
Reports must be submitted in English.
As candidate for EU membership, Bosnia and Herzegovina (‘BiH’) is expected to meet EU justice standards as provided for by several of the 14 key priorities for membership and recalled by the EU Commission in its 2018 Western Balkan Strategy.
BiH’s complex and fragmented institutional structure has led the country to a difficult situation, in particular regarding rule of law. No recent progress was made in this field and “lack of commitment to judicial reform from political actors, and the poor functioning of the judicial system continued to undermine the citizen’s enjoyment of rights and the fight against corruption and organised crime”.
The cross-cutting objective of this action is to share practical methods with the High Judicial and Prosecutorial Council (the ‘HJPC’) and other Justice Institutions of BiH in order to increase its capacities to implement its mission to ensure independence and professionalism of the judiciary, promote judicial reform, and enhance the country’s response to organised crime and corruption.
This Action aims at supporting the Justice Sector Institutions in carrying out these changes in order to align the functioning of the BiH judiciary with EU rule of law standards by enhancing professionalism, efficiency and transparency of the BiH justice system for the final benefit of BiH citizens.
Qualifications and experience:
Additional professional skills:
Professional skills:
The selection process for candidates will be based on the following criteria :
Deadline for application : 2023/05/30 23:59
File(s) attached : ToR_C1C2C3 300 days.docx
Expertise France is the public agency for designing and implementing international technical cooperation projects. The agency operates around four key priorities :
In these areas, Expertise France conducts capacity-building initiatives and manages project implementation, leveraging technical expertise and acting as a project coordinator. This involves combining public sector expertise with private sector skills to drive impactful results.