Objectives and desired results

1) General objective

To provide high-quality expert analytical support to the bodies responsible for the selection of members of judicial governance bodies, disciplinary inspectors and judges in Ukraine, thereby contributing to a judiciary reinforced on the basis of merit-based selection, evaluation and career systems, in accordance with Ukrainian legislation and relevant European and international standards.

2) Specific objectives

•  Provide operational and expert support to the secretariats and members of the Ethics Council, the Selection Commission for SDI inspectors, the Selection Commission for HQCJ members, the Expert Council and the Advisory Group of Experts.

•  Analyze the integrity and professional competence of candidates on the basis of their application materials, declarations and information from legal, institutional and open sources.

•  Prepare candidate profiles, analytical summaries, legal opinions and other materials to inform the decisions of the selection bodies.

•  Analyze legal issues arising in selection and evaluation procedures, including the application of assessment criteria, tools and procedural safeguards.

•  Analyze relevant legislation, case law of national courts and of the European Court of Human Rights, and the practice of selection bodies, and identify good practice.

•  Support the development and review of methodologies, rules of procedure, assessment tools, templates and other practical instruments of the selection bodies.

•  Analyze the legal and institutional framework for judicial selection, qualification assessment, regular evaluation, judicial careers and disciplinary liability, and propose recommendations in line with European standards.

•  Contribute to the induction and training of newly engaged analysts.

•  Contribute to the exchange of experience and good practice between the selection bodies and their secretariats.

•  Support the Program objectives concerning EU accession, judicial independence, integrity and the rule of law.

3) Anticipated results

•  Selection bodies and their secretariats receive timely and reliable operational and expert support at all stages of the selection procedures.

•  Candidates' integrity and professional competence are assessed on the basis of complete, verified and well-documented information.

•  High-quality candidate profiles, analytical summaries and legal opinions inform the decisions of the selection bodies.

•  Assessment criteria, tools and procedural safeguards are applied consistently across selection procedures.

•  Legal issues arising in selection and evaluation procedures are identified and addressed in a timely manner.

•  Methodologies, rules of procedure, assessment tools and templates developed, reviewed or improved.

•  Recommendations provided on aligning the framework for judicial selection, evaluation, careers and discipline with European standards.

•  Newly engaged analysts trained and able to apply the agreed methodologies and standards.

•  Contribution to the timely appointment of duly vetted HCJ and HQCJ members, SDI inspectors, SDAC and SAAC judges and CCU judges.

•  Expert analytical support integrated into Project outputs and technical assistance activities.

Description of the assignment

1) Planned activities

Experts shall work under the overall supervision of the Key Expert on Justice Reform and Pillar 1 Lead, and in close coordination with other Project experts, the secretariats of the selection bodies and relevant beneficiary institutions. The Analyst may be assigned to one or more selection bodies.

Depending on the specific assignment and area of expertise, the Expert may be required to provide some or all of the following services:

A. Operational and expert support to selection bodies

•  Provide operational and expert support to the Secretariat of the Ethics Council and to the member of the Ethics Council in the selection of new HCJ members, and to the Selection Commission in the selection of SDI inspectors.

•  Provide operational and expert support to the Secretariat of the Selection Commission in the selection of new HQCJ members.

•  Provide operational and expert support to the Secretariat of the Expert Council and to the member of the Expert Council in the selection of SDAC and SAAC judges.

•  Provide operational and expert support to the Secretariat of the Advisory Group of Experts and to the member of the Advisory Group of Experts in the assessment and selection of candidates for CCU judges, and assist the competent authorities in the timely appointment of duly vetted nominees.

•  Support the preparation of meetings, interviews and other stages of the selection procedures, in coordination with the technical and logistical support provided by the Project.

B. Integrity and professional competence analysis

• Analyze candidates' application materials, declarations and other documents against the applicable criteria of integrity, professional ethics and professional competence.

•  Collect, verify and assess information from legal, institutional and open sources, including public registers, court decisions, media reports and information received from third parties.

•  Prepare candidate profiles, analytical summaries and preliminary conclusions on compliance with the applicable criteria, and identify issues requiring clarification.

•  Prepare draft interview questions and draft requests to candidates for additional information or explanations.

C. Legal research, opinions and analytical notes

•  Prepare legal opinions, analytical notes, memoranda and other materials on legal issues arising in selection and evaluation procedures, including the application of assessment criteria and procedural safeguards.

•  Analyze relevant legislation, case law of national courts and of the European Court of Human Rights, the practice of selection bodies, and relevant European and international standards.

•  Provide written responses to legal questions submitted by the selection bodies, their secretariats or the Project.

D. Methodologies, procedural documents and legal framework

•  Support the development and review of methodologies, rules of procedure, assessment criteria and tools, questionnaires, templates and other practical instruments of the selection bodies.

•  Prepare draft legal and procedural documents, including draft decisions, conclusions and minutes, as requested.

•  Analyze the legal and institutional framework for judicial selection, qualification assessment, regular evaluation, judicial careers and disciplinary liability, and provide recommendations, including on draft legislation, where requested.

E. Induction, training and knowledge sharing

•  Contribute to the induction and training of newly engaged analysts on the legal framework, assessment criteria, methodologies, information sources, confidentiality and data protection.

•  Prepare training materials, guidance notes, checklists and practical examples based on the practice of the selection bodies.

•  Contribute to the exchange of experience and good practice between the selection bodies and their secretariats.

F. Coordination, cooperation and analytical support

•  Participate, where required, in meetings and interviews of the selection bodies, working groups, consultations and coordination mechanisms with relevant institutions, international experts and partner organizations.

•  Contribute to documenting lessons learned and good practices from completed selection procedures.

•  Contribute expert inputs to Project reports, studies, policy papers, recommendations, presentations and other outputs.

•  Comply with all applicable confidentiality, data-protection, security, ethics and conflict-of-interest requirements.

•  Perform other related tasks reasonably requested by the Project within the scope of the assignment.

2) Anticipated deliverables

3) Consultation

The Expert shall work under the overall supervision of the Key Expert on Justice Reform and Pillar 1 Lead.

The Expert shall maintain regular communication with the designated Project experts and the secretariats of the selection bodies concerning the allocation of analytical tasks; the scope, methodology and expected outputs of expert products; candidate files, legal questions and other materials requiring assessment; deadlines set by the selection procedures; participation in meetings, interviews and working groups; the submission, review and revision of deliverables; and any circumstances that may affect the quality, timeliness or impartiality of the assignment.

The Expert shall promptly communicate any potential conflict of interest, including any professional or personal relationship with a candidate, any confidentiality concern or any other circumstance that may affect the performance of the assignment.

4) Implementation period

Start date: January 2027

End date: June 2030

Effective duration of the assignment: 42 months

5) Place of performance

The assignment shall primarily be performed on a home-based basis. Work at the premises of the selection bodies or the Project in Kyiv, as well as travel to and within Ukraine, may be required upon formal request by Expertise France and subject to applicable security and contractual arrangements.

Participation in meetings, consultations and other Project activities may take place in person or online, subject to prior agreement with the Program Key Expert.