Comunitatea Mea Program hires Legal Consultant in the field of functional assignments of LPA I, LPA II and CPA



JOB POSTING

STATUS:                       National Consultant                                                                          

POSITION TITLE:         Legal Consultant, with experience in functional analysis of LPA  areas of competence (identification of gaps in normative acts)

REPORTS TO:              Policy and Research Manager

LOCATION:                   Chisinau, Moldova

EXPECTED DURATION OF ASSIGNMENT: approximately 40 non-consecutive days (during January – September 2023, with the possibility of extension and renewal)

APPLICATION DEADLINE: January 27, 2023, 6:00 PM (Republic of Moldova time)

CONTEXT

At the moment, many local public authorities (LPAs) do not fully know the competences assigned by the normative acts and at the same time do not have the capacity to assume the new responsibilities and to cope with them from a financial, managerial and institutional point of view. It is established that several legislative acts in force, initiated and promoted by the line ministries, provide for a large number of attributions for the LPAs, without making a difference between the deliberative and executive competences of LPAs, and without taking into account their organizational and functional capabilities, this creates uncertainty about the way in which those provisions are applied. The result is that needed decisions do not get made in a timely fashion or with understnding of their impact or inclusiveness.  While the need to revise the system of powers and functions assigned to LPAs seems obvious, to-date there has been little progress in removing confusions, duplications and delegated powers, of aligning repsonsibilities with funding.

The challenges lie in both, the general local government legislation and in sector or service-specific legislation, such as water, roads, social protection, education, health etc. The main expected results of the expertise are 1) to document the nature of the main conflicts and gaps and any indications of the most problematic for both citizens and local public authorities, and 2) to support the work of Sectoral Working Groups addressing these issues as part of an overall public administration reform initiative of the Government of Moldova (GoM). A key objective is to draft legislation and an explanation of its details to enact one or more policy choices emerging from the GoM and its sectoral working groups.  

PROJECT DISCRIPTION

Comunitatea Mea (CM) is a 8-year program funded by the United States Agency for International Development (USAID) and administered by IREX. The program’s purpose is to improve the capacity of local public authorities, including their ability to work inclusively with citizens and civil society, to increase revenues, improve financial management practices, build stronger checks and balances between the central and local governments, and facilitate public-private partnerships and inter-municipal cooperation.

The Comunitatea Mea Program has four interrelated components: 

  1. Improved quality and access to municipal services;
  2. Citizens meaningfully engaged in local governance;
  3. Decentralization policy reforms advanced; and
  4. Increased locally-owned revenues and improved financial management practice.  

Component 3 activities include providing support to Moldovan authorities in their efforts to strengthen and rationalize the institutional and policy framework for local service delivery and democracy. 

POSITION SUMMARY

IREX/CM seeks a national consultant who will work jointly with an international consultant, to provide support to the State Chancellery of the Republic of Moldova and the sectoral working groups for decentralization, in functional analysis of LPA I, LPA II and CPA, revising existing legislation for advancing local public administration reform efforts. Given the timetable for the GoM sectoral working groups, timely work and excellent collaboration and communication skills are essential.

The consultant will conduct legal research, participate in relevant meetings, and draft amendments to the existing legal framework, recommendations to repeal the obsolete laws. It should be noted that the current legislation in the targeted field is quite imposing and regulates a vast spectrum of problems, which in recent years have complicated the functions of local public administration bodies, that were mandated with new competencies and responsibilities.

DUTIES AND RESPONSIBILITIES

  1. Conduct research on the functional assignments of LPA I, LPA II and CPAs.
  2. Assist the international consultant, with legal input, in his or her assessment of functional assignments.
  3. Participate in meetings conducted by the sectoral working groups for decentralization, established at the level of relevant ministries by the Joint Commission for Decentralization (Parity Commission)besides the relevant meetings conducted by the State Chancellery/Parliamentary Commission on Public Administration.
  4. Draft amendments to the Laws on administrative-territorial organization, the Law on local public administration, and other Laws and regulations related to the local public administration. Amendments will be drafted with the view of harmonizing the current legislation with the provisions of Law no. 436/2006 on the local public administration and all the related Laws and normative acts.
  5. Constant interaction with the State Chancellery’s amalgamation and communications teams and other stakeholders.

DELIVERABLES, TIMELINE AND LEVEL OF EFFORT

The expected Level of Effort (LOE) for this assignment will be a total of 40 (forty) non-consecutive days. The assignment will take place between January – September 2023 and will include:

Tasks

Deliverable

Timeline

Level of Effort/

workdays

1.1. Participate in the discussions with State Chancellery and Parliamentary Commission on Public Administration on the underlying objectives, issues, and expectations for the assignment.

Analysis of LPA functional assignments and shared competences based on the Nomenclature of Competences LPA I/LPA II/CPA

with identification of the nature of the main conflicts and gaps and any indications of the most problematic areas for both citizens and LPAs

Draft of the conclusions and recommendations for amendments to the relevant Laws

January - February 2023

15 days

1.2. Conduct desk research of current legal provisions and policies that hinder setting up of LPA I, II, CPA’ functional assignments based on criteria from Law no. 436/2006 regarding local public administration and Law no. 435/2006 on administrative decentralization but also based on all the relevant Laws.   

2. Structure the competences of local public authorities in two categories - own competencies and shared or partially shared competencies.

by February 2023

10 days

3. Systematize LPA competences in areas of reference. Identification of LPA I, LPA II and CPA overlapping competences.

by February 2023

5 days

4. Identify the delegated competences without financial coverage and identify the legal instruments for solving the situation.

By February 2023

4 days

5. Interact with the international consultant and other stakeholders. Share drafts, receive feedback, integrate comments in the initial analysis and proposed amendments.

January - February 2023

2 days

6. Participate in consultations of the draft analysis and proposals for amendments to the relevant Laws, with the sectoral working groups for decentralization.

March - September 2023

4 days

 

TOTAL

 

40 days

Organizational Setting:

  • The Consultant will work under the overall guidance of the CM Chief of Party and direct supervision of the Policy and Research Manager.

Prohibition of certain telecommunications and video surveillance services or equipment.   

Confidentiality:

  • Materials provided to the consultant and all proceedings of the consultancy contract should be regarded as confidential, both during and after the consultancy. Violation of confidentiality requirements may result in immediate termination of the contract.

SKILLS AND EXPERIENCE

Education

  • Degree in law, social and humanitarian sciences (eg. Public Administration, Sociology, Anthropology, Economics, Political Science, etc.).

Experience and Skills

  • Demonstrated research skills, good knowledge of both, international best practices and national legislation in the field of public administration, are required.
  • Extensive experience (at least 7 years) in drafting legislation.
  • Professional experience in the area of public administration (at least 3 years).
  • Extensive proven experience in working with Central Public Administration authorities will be an asset

Working languages and IT skills

  • Project deliverables and consultancy services will be offered in Romanian, thus excellent oral and written communication skills of Romanian language are expected;
  • Knowledge of Russian language will be considered a strong asset.
  • Ability to use office software and communication technology (MS Word, Excel, etc.).

Personal qualities:

  • Responsibility, multitasking, flexibility and punctuality.

To apply:

Submit CV that includes your consulting rate requirements to: hr-md@irex.org. 

Please include “National Consultant Functional Assignments” in the subject line.

EVALUATION CRITERIA

1.

Extensive proven experience in working with/for Central Public Administration authorities will be an asset (maximum 10 points)

2.

Minimum 7 years of experience in drafting legislation (maximum 10 points)

3.

Demonstrated research skills, good knowledge of both international best practices and national legislation in the field of public administration, are required. (Maximum 10 points)

4.

Professional experience in the area of public administration (maximum 10 points)

5.

Working languages and IT skills (5 points)

Applicants will be selected for an interview on a rolling basis.

* IREX will only respond to those applicants selected for an interview.