International Consultancy Services in Areas of Justice Reform 490 views

Call for tenders – 7 February 2021 – Providers of International consultancy services in areas of justice reform

BACKGROUND

The Council of Europe continues to provide support to the national authorities where projects and activities are implemented in reforming the judiciary and the justice systems with the purpose of bringing them in line with the standards and recommendations of the Council of Europe.

Support is also provided to these countries towards the execution of judgments of the European Court of Human Rights (ECtHR) with a particular focus on the judgments related to the right to a fair trial (Article 6 of the European Convention on Human Rights). Often the two – judicial reform efforts and ECtHR execution measures of a general nature – are directly linked and/or complementary.

The co-operation activities of the Division for Legal Co-operation will focus on the issues of on-going judicial reforms, implementation of ECHR Article 6 by national judicial systems and courts, reform of the systems of legal representation in courts in the following fields: guarantees of judicial independence, including procedures of selection, promotion and appointment of judges, fair proceedings for dismissal and judicial discipline, national mechanisms for the execution of judgments of the ECtHR.

The Council of Europe is looking for a maximum of 60 consultants (15 for each Lot) for the provision of consultancy services in the mentioned fields related to the reform of national justice systems in the framework of projects (both country-specific and regional) and cooperation activities implemented by the Division for Legal Co-operation in Armenia, Belarus, Georgia, North Macedonia (Republic of), Moldova (Republic of), Tunisia, Turkey (list of countries non-exhaustive).

The framework contract is concluded until 31 December 2021, with the possibility to renew it automatically on an annual basis until 31 December 2025. The total amount of the object of present tender should in principle not exceed 150,000 Euros per year of the duration of the Framework Contract. This information does not constitute any sort of contractual commitment or obligation on the part of the Council of Europe.

SCOPE OF THE FRAMEWORK CONTRACT

The tender is divided into the following four lots. Consultants may submit a tender for one, several or all lots subject to the fulfilment of the criteria listed in the Tender Rules for the lot(s) concerned. Throughout the duration of the framework contract, being instructed, supervised and coordinated by the designated staff members from the Council of Europe, the selected Providers may be asked to offer the national authorities the advice and expertise in the fields described below:

Lot 1 – Independence of the judiciary The list of expected deliverables (not exhaustive):

  • Assessment of national legislations and practices to ensure that the principles of external and internal independence of the judiciary are respected and comply with the CoE standards;
  • Analysis of the efficiency of the organisation of the judiciary with regard to the access to justice, as part of the right to a fiar trial (Article 6 of the ECHR);
  • Analysis of the litigation procedures, including through a review of the codes of judicial procedure and development of recommendations as to their improvement in the light of the CoE standards;
  • Assessment of the efficiency of the institutions and procedures related to the execution of national judicial decisions, with regard to the respective CoE standards and European practice;
  • Review of major procedures defining the functioning of the judiciary, which include the issues of judicial selection, appointment, career, dismissal and disipline;
  • Review of the ethical & integrity standards and the ethical codes developed by national judiciaries, their compliance with respective CoE standards;
  • Provision of advice with regard to the establishing and managing of e-justice systems at the national level;
  • Review of national legislations and practices concerning the involvement of civil society organisations in the procedures related to the functioning of the judiciary.
  • Other deliverables, as requested by the CoE.

Lot 2 – Internal organisation of the judiciary, and the functioning of judicial self-governance bodies. The list of expected deliverables (not exhaustive):

  • Support to the reform of national legislations and practices concerning the composition and powers of the councils for the judiciary, with regard to the respective CoE standards and recommendations;
  • Review of national legislations and practices concerning the composition and powers of the bodies in charge of selection and assessment of judges;
  • Analysis of the national systems of judicial training, including induction and on-the-job training programmes and institutions;
  • Analysis of the systems of financing of the judiciary at the national level and the corresponding budgetary procedures and provision of recommendations as to their improvement for a better compliance with CoE standards;
  • Review of the roles and procedures related to the functioning of assistants to judges, with regard to the respective CoE standards and recommendation;
  • Other deliverables, as requested by the CoE.

Lot 3 – Implementation of the European Convention on Human Rights (Article 6) by national justice systems and courts. The list of expected deliverables (not exhaustive):

  • Assessment of national legislations and practices of interaction between the ECtHR and national courts, which includes implementation of Protocol 16 to the ECHR and the national procedures for the re-opening of judicial proceedings following an ECtHR judgment;
  • Assessment of national legislations and practices concerning national mechanisms for the execution of judgments of the ECtHR, development of the recommendations on their better compliance with relevant CoE standards;
  • Analysis of the national mechanisms of cooperation of the institutions of the legislative, executive and judicial branches of power with the Government Agent before the ECtHR;
  • Provision of advice to the judiciary, in particular the Supreme Court, on improving of its procedures and, if relevant, the national legislation so as to ensure the effective implemntation of the ECHR at the national level;
  • Other deliverables, as requested by the CoE.

Lot 4 – Support to the reforms of the bar and systems of legal representation in courts. The list of expected deliverables (not exhaustive):

  • Review of national legislations and practices on the functiioning and organisation of the bar, including development of recommendations on further implementation of the related CoE standards;
  • Review of the national legislations and practices of legal representation in courts;
  • Analysis of the system of institutions and procedures concerning the free legal aid and their compliance with the CoE standards;
  • Review of the national legislative frameworks and practices concerning the lawyer-client relationship and definition of major issues and gaps in this regard, in the light of the relevant CoE standards;
  • Other deliverables, as requested by the CoE.

ASSESSMENT

Exclusion criteria (by signing the Act of Engagement, you declare on your honour not being in any of the below situations) Tenderers shall be excluded from participating in the tender procedure if they:

  • have been sentenced by final judgment on one or more of the following charges: participation in a criminal organisation, corruption, fraud, money laundering;
  • are in a situation of bankruptcy, liquidation, termination of activity, insolvency or arrangement with creditors or any like situation arising from a procedure of the same kind, or are subject to a procedure of the same kind;
  • have received a judgment with res judicata force, finding an offence that affects their professional integrity or serious professional misconduct;
  • do not comply with their obligations as regards payment of social security contributions, taxes and dues, according to the statutory provisions of their country of incorporation, establishment or residence;
  • are or are likely to be in a situation of conflict of interests;
  • are or if their owner(s) or executive officer(s), in the case of legal persons, are included in the lists of persons or entities subject to restrictive measures applied by the European Union (available at www.sanctionsmap.eu).

Eligibility criteria

Tenderers shall demonstrate that they fulfil the following criteria (to be assessed on the basis of all supporting documents listed in Section F):

  • A university degree in law, political sciences, social sciences, international relations, public administration or related fields;
  • At least 7 years of professional experience in areas related to the rule of law and the judiciary, of which at least 3 years acquired in an international context;
  • Excellent knowledge of the English language (at least level C1 of the Common European Framework of Reference for Languages); OR
  • Excellent knowledge of the French language (at least level C1 of the Common European Framework of Reference for Languages (only for projects implemented in French-speaking countries)
  • A financial offer not exceeding the limit set out in the Act of Engagement.

Only bids submitted in English (or French, for the French-speaking countries) shall be deemed eligible.

SUPPLEMENTARY INFORMATION

Other questions regarding this specific tendering procedure shall be sent at the latest by one week before the deadline for submissions of tenders, in English or French, and shall be exclusively sent to the following address: [email protected]

This address is to be used for questions only; for modalities of tendering, please refer to the below Article.

MODALITIES OF THE TENDERING

  • Tenders must be sent to the Council of Europe electronically. Electronic bids shall be sent only to [email protected] with the subject line “2020AO68 – Consultancy services_justice reform”. Tenders submitted to another e-mail account will be excluded from the procedure.
  • To help us track our procurement effort, please indicate in your email where (vacanciesinukraine.com) you saw this tender/procurement notice.

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