Back Senior Local Experts to develop sections of the Guide on the case law of the Constitutional Court

Background:

Through this project, the OSCE Presence in Albania (hereinafter “the Presence”) aims to further enhance transparent, efficient, and accessible constitutional justice in Albania and contribute to strengthening the rule of law in the country in line with the international standards and OSCE commitments. The intervention of the Presence through this project directly builds on the progress made in developing capacities and resources of the Court since 2020 through the Presence’s Project “Support to the advancement of the rule of law in Albania”, and is in line with the Court’s strategic document 2021-2023.

In this, regard, the project will assist the Court to prepare a Guide on its case-law organized by theme or by rights/principles, alike the European Court of Human Rights similar tools. Such document will serve to judicial staff to improve their research capacities, meanwhile will help standardize decisions, given that the Court is the only court following precedents. The Guide will also serve to lawyers, legal professionals, law practitioners and scholars to efficiently search the Court’s case-law. Further, it will enhance the quality of individual complaints, thus contributing to an increased citizens’ access to the Court and a better protection of their fundamental rights and freedoms.

In order to prepare the Guide, external local expertise will be required. Indeed, two senior local consultants, with distinguished expertise in the highest levels of the judiciary (potentially former judges of the Constitutional Court or/and High Court), will develop two key sections of the Guide focused on a set of general principles of law and fair trial principles that have been elaborated by the Court over the years. The special focus on fair trial rights is kept by having in mind that a considerable amount of decisions issued by the Court are on the fair trial rights and principles. In addition to the two senior experts, two junior consultants will help with research and with the classification of decisions by themes/elements, assisting this way the work of the two senior experts.

The drafting process of these chapters of the Guide is envisaged between May-October/November 2023. Once produced, the final text of the document will be presented to and approved by the General Meeting of Judges of the Constitutional Court in December 2023. The Guide on the case-law of the Constitutional Court is conceived as a living/working document, thus the Court plans to continue enrich and update it in the long run.

For the purpose of this contract, the Project seeks for the services of two senior local experts, who together with two junior local experts will develop two key sections of the Guide on the caselaw of the Constitutional Court, focused on a set of fair trial principles and on a set of general principles of law.

Objective of Assignment:

The two senior local experts at hand, will draft respectively the first and the second section of the Guide focused on the standards elaborated by the Court on a set of fair trial principles and on a set of general principles of law.

Duration of Assignment:
The consultancy duration is envisaged for a period of 6 months, May-November 2023.

Tasks and Responsibilities:

The experts shall carry out the following tasks:

• Prepare an outline for the respective sections of the Guide on the caselaw of the Constitutional Court, focused on decisions related to (i) a set of fair trial principles (e.g., the right to the court, independent court, ne bis in idem, res judicata etc.), and (ii) a set of general principles (e.g., division of powers, legal certainty, judicial independence), and the relevant standards elaborated by the Court over 30 years of jurisprudence;
• Submit the outline to the Working Group of the Court for their feedback and recommendations, and incorporate their feedback in the draft outline;
• Based on the revised outline, draft the relevant section of the Guide by providing the explanatory narrative text for the readers/user on at least the following principles: the right to the court, independent court, impartial court, the right to be heard, the right to obtain information, the right to be notified, the right to defence, equality of arms, equality before the law, ne bis in idem, res judicata, trial in absentia, reasonable time limit, as well as the principle of division of powers, legal certainty, proportionality, non-discrimination, judicial independence. In doing so, the local experts use a user-friendly, clear and professional language for an audience of legal professionals;
• Submit a first draft of the sections of the Guide to the Working Group of the Court for their potential recommendations;
• Reflect recommendations from the Working Group in the draft and finalize the sections for submission;
• When necessary, make verbal summarized presentations of the materials in events such as workshops/roundtables held by the Court to present the Guide

Deliverables:• Prepare and submit to the Presence a draft Guide on the caselaw of the Constitutional Court, focused on decisions related to a set of fair trial principles and on a set of general principles of law, by 20 September 2023;
• Reflect possible comments and suggestions and submit revised version by 30 September 2023;
• Submit a final version of the Guide of the Constitutional Court by 15 November 2023.

Necessary Qualifications:

Remuneration Package:

Remuneration will be based on the selected consultant's/expert's qualifications, experience, the tasks and deliverables for this position and in accordance with the OSCE established rates.

If you wish to apply for this position, please use the OSCE's online application link found under https://vacancies.osce.org/.

The OSCE retains the discretion to re-advertise/re-post the vacancy, to cancel the recruitment or to offer an appointment with a modified job description or for a different duration.

Only those candidates who are selected to participate in the subsequent stages of recruitment will be contacted.

The OSCE is committed to diversity and inclusion within its workforce, and encourages qualified female and male candidates from all religious, ethnic and social backgrounds to apply to become a part of the Organization.

Candidates should be aware that OSCE officials shall conduct themselves at all times in a manner befitting the status of an international civil servant. This includes avoiding any action which may adversely reflect on the integrity, independence and impartiality of their position and function as officials of the OSCE. The OSCE is committed to applying the highest ethical standards in carrying out its mandate. For more information on the values set out in OSCE Competency Model, please see https://jobs.osce.org/resources/document/our-competency-model.

Please be aware that the OSCE does not request payment at any stage of the application and review process. Additional Information