Within its portfolio on judicial independence, 10 years ago, ODIHR’s Rule of Law Unit, together with the Max Planck Institute, researched into key challenges and good practices in various OSCE regions, and subsequently compiled key recommendations in the areas of judicial administration, judicial selection and training, and on accountability of judges and judicial independence in adjudication. The recommendations were discussed and validated at an expert meeting with practitioners and experts from Eastern Europe, South Caucasus and Central Asia in Kyiv. Since their finalization in 2010, the Kyiv Recommendations have been utilized as a tool to disseminate good judicial administration practices in these sub-regions by national authorities, civil society, OSCE and other international organizations. Yet, new challenges and issues have emerged since the publication of the Recommendations, and practitioners from other OSCE regions have approached ODIHR enquiring into the geographical scope of the existing Recommendations.
In 2019, the ODIHR Democratization Department embarked on a project to review the Kyiv Recommendations until December 2021, with regard to its geographical and thematic scope with a view to updating the document on the basis of a detailed assessment and through extensive consultations with justice sector stakeholders and leading experts from OSCE participating States. The updated recommendations will provide updated guidance to the judiciary, policy makers, and civil society on how to ensure judicial independence.
Given ODIHR's mandate to provide advice on the alignment of legislation with international standards across all OSCE participating States, the review will also consider the pros and cons of an expansion of the geographical scope of the Recommendations to South-Eastern Europe, Central and/ or Western Europe.
The objective of this consultancy is to produce a gap analysis and options paper on the 2010 Kyiv Recommendations Update to be discussed at a Steering Group Meeting in Warsaw, followed by the drafting of a roadmap based on this discussion.
The gap analysis of the existing Kyiv Recommendations aims at outlining in which regards the current text does not provide sufficient guidance to practitioners, both in terms of the depth of recommendations and in terms of thematic areas covered. The options paper will outline different options of how to update and expand the current text, both geographically and thematically, as well as the advantages and disadvantages of doing so.
This paper is to be presented and discussed at a Steering Committee meeting in Warsaw in November 2019 (date TBC). Subsequently, the consultant will produce a roadmap on the process ahead on the basis of decisions taken at the Steering Committee meeting.
The overall aim of the project is to review and update the 2010 Kyiv Recommendations so that they retain their value in providing practical guidance on judicial independence, and on balancing independence and accountability in line with rule of law standards.
|Tasks and Responsibilities:|
The consultancy seeks to produce a gap analysis and options paper on the 2010 Kyiv Recommendations Update to be discussed at a Steering Group Meeting in Warsaw, followed by the drafting of a roadmap based on this discussion.
It is divided into the following five phases, for which consecutive contracts will be issued following the successful completion of each phase:
All deliverables will be delivered in English language. Interpretation assistance will be provided by ODIHR for interviews that cannot be conducted in a language in which the consultant is fluent. Up to 200 EUR will be reimbursed for telecommunication costs in the conduct of interviews. Travel undertaken for the purposes of this assignment will be funded by OSCE/ODIHR for he attendance of the Steering Group meeting in line with the project budget and ODIHR’s established policies.
Managerial competencies (for positions with managerial responsibilities)
Duration and remuneration package:
Interested consultants will apply for the entire assignment, encompassing up to 31 days of consultancy between June and December 2019.
However, the assignment is very time-sensitive and has therefore been divided into five successive phases with successive contracts being issued. Provided the deliverables of each phase are submitted timely and in line with the Terms of Reference (ToRs) and instructions, a new contract will be issued to the successful applicant for the respective next phase without a new recruitment process.
Remuneration will reflect the necessary qualifications, experience and skills as described and be in accordance with OSCE established rates. Remuneration for services will be payable following approval of the deliverables within the respective phase by OSCE/ODIHR Democratization senior management in the manner described in the ToRs.
Location: Expert’s home office
|How To Apply:|
If you wish to apply for this position, please use the OSCE's online application link found under https://jobs.osce.org/vacancies. Please include concrete references to previous experience related to judicial independence and accountability and judicial (self-)administration and familiarity with relevant regional and international standards in your motivation letter.
Please note that only shortlisted applicants will be contacted.
The OSCE is committed to diversity and inclusion within its workforce, and encourages qualified female and male candidates from all national, religious, ethnic and social backgrounds to apply to become a part of the Organization.
The OSCE retains the discretion to re-advertise the vacancy, cancel the recruitment, offer a consultancy at a different level or with modified terms of reference or for a different duration.