Consultant for Enhanced Monitoring of the Rule of Law Negotiation Chapters 23 and 24

In May 2020 Montenegro accepted, as a political initiative, the enhanced methodology providing a credible EU perspective to the Western Balkans.    Montenegro welcomed the Commission’s initiative, presented in the form of a non paper in March 2021, towards creating mechanisms for the application of the revised methodology, as a tool for accelerating our EU accession process. This initiative resulted in the Council conclusions under Portuguese presidency on the application of the revised enlargement methodology to the  accession negotiations with Montenegro and Serbia.

Montenegro, as the only candidate country with all 33 screened chapters of the Acquis open, three of which have been provisionally closed, deems clusters approach inapplicable. However, a strong political impulse to the process is reflected in the fact that the revised methodology advocates major political steer and accelerated integration. This political dimension should allow Montenegro to further promote its reforms, as well as continuous 100% alignment with the EU’s Common Foreign and Security Policy.

Clusters approach in the case of Montenegro can only have an added value as a mechanism of an increased dynamism that unlocks the potential of early integration and introduction of positive measures, as Montenegro is keen to “phase-in” to many sectoral EU policies. Similar to the participation in e.g. the Council’s ERAC (European Research Area and Committee), Montenegro stands ready to be associated soon enough to as many EU programmes and EU policies as possible and take part as an observer well before the accession date.

Nonetheless, rule of law reforms remain at the core of the EU Integration process, as the Revised Methodology puts an even stronger emphasis on the implementation of the interim benchmarks for chapters 23 and 24. In this sense, the Revised Methodology has stressed that no other chapter of the Acquis can be closed until interim benchmarks will have been met. This requires a greater proactive approach on behalf of Montenegro in terms of enhanced and more efficient monitoring of a total of 83 interim benchmarks set for chapters 23 and 24 back in 2013. In addition, strategic communication on the relevant outcomes towards all the key stakeholders, including the EU member states, is required.

Against this backdrop, European Integration Office –EIO recently prepared Montenegro’s 23 and 24 Interim Benchmarks Package, entailing two sets of documents:
 
– Montenegro’s Self – Assessment of the state of play in interim benchmarks for chapters 23 and 24;
– Dynamic Action Plans covering the period until the end of 2021
 
Both sets of documents are aimed at reflecting major level of ownership of Montenegrin institutions over the process of planning and prioritization under these key rule of law chapters. These documents represent the product of a two-stage work of negotiating teams for 23 and 24, supported by EIO, aimed at facilitating the scope of remaining actions to be taken under both chapters.

An elaborate monitoring mechanism is now required to be establish for this package, entailing two levels – establishment of adequate quantitative/qualitative  system of indicators; strategic communication for political dialogue with EU member states.

The project “Strengthening capacities for the acceleration of EU accession of Montenegro” is funded by the Norwegian Ministry of Foreign Affairs and implemented by UNDP in partnership with the European Integration Office and General Secretariat of the Government. The general objective of this action is to assist, advise and support EU accession negotiations through strengthening the capacities of the Government in responding to the demands of the new phases of accession.

Objectives of the assignment: The objective of the assignment is to develop an efficient monitoring and reporting mechanism for the rule of law, including a system of indicators, that would allow for major level of tracking progress, understanding and communicating the key rule of law reform outcomes. This will, inter alia, enable better strategic communication on the rule of law reforms with the EU member states, in line with the Revised Methodology of the EU Enlargement.

Job content: 

Under the supervision of the UNDP Programme Manager, the consultant will perform the following tasks:

• Analyse the documents under the revised methodology, as well as the EIO analyses and papers on chapters 23 and 24, including the so-called Interim benchmark package (self assessment of IB and  dynamic action plans for chapters 23 and 24)
• Analyse strategic planning system of Montenegro in the rule of law area, including relevant strategies, programmes and action plans (www.javnepolitike.me) in order to set the basis for the improved system of indicators
• Engage with all the relevant interlocutors in the selection of the most appropriate indicators/identify missing data or international indices that Montenegro still needs to produce (ex. World Corruption Index)
• Develop an efficient reporting and monitoring table, in line with the Methodology on strategic planning (SGG) and with a more efficient visualisation of progress
• Develop a set of criteria/questions for better strategic communication of the outcomes in the rule of law area towards the EU member states
• Analyse and incorporate into the monitoring table all the recommendations from the EC Country Report Country Recommendations
• Analyse EC Report on Rule of Law in its member states and identify similar challenges

The expected results: Under the supervision of the UNDP Programme Manager, the consultant is expected to deliver the monitoring system for future tracking of progress in the rule of law area, that will be embeded in the future action plans for closing chapters 23 and 24.

Timing and reporting: The consultant will be engaged under individual contract, for total of 35 consultancy days, during the period 22 November – 30 June 2021. The consultant will be responsible to prepare and the final report to the UNDP Programme Manager, and it should contain sufficient detail and information that would allow for the appraisal of the effectiveness to date of the assignment’s activities.

Time duration and travel: The consultant will be engaged under individual contract for total of 35 consultancy days, during the period 22 November – 30 June 2021. The consultant will work homebased and will have an obligation to travel to Podgorica, Montenegro for seven visits (once a month) in total duration of 15 days. The travel costs and Daily Living Subsistence Allowance costs should be included in the lump sum figure.

• Demonstrates integrity by modelling the UN’s values and ethical standards;
• Promotes the vision, mission and strategic goals of UN/UNDP;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Ability to lead strategic planning, results-based management and reporting;
• Builds strong relationships with clients, focuses on impact and result for the client and responds positively to feedback;
• Consistently approaches work with energy and a positive, constructive attitude;
• Excellent communication skills, facility in working with teams and capacity to compose clear and readable narrative reports;
• Demonstrates ability to manage complexities and work under pressure, as well as conflict resolution skills;
• Excellent organizational and time management skills;
• Knowledge Management and Learning;
• Shares knowledge and experience;
• Actively works towards continuing personal learning, acts on learning plan and applies newly acquired skills.
• Ability to perform a variety of standard tasks related to Results Management, including collecting of documentation, data entering, preparation of revisions, filling, provision of information;
• Ability to provide input to business processes re-engineering, implementation of new systems;
• Ability to work independently and in a team.

Education: 

• Advanced degree in Law.

Experience:

• Minimum ten years of relevant working experience;
• Proven experience at the senior position related to the EU Accession process will be an advantage;
• Detailed technical knowledge of EU Accession process in Montenegro.

Languages:

• Fluency in Montenegrin and English language.

Other:

• Computer literacy. 

Criteria for selection:

Combined Scoring method will be used. When using this weighted scoring method, the award of the contract should be made to the individual consultant whose offer has been evaluated and determined as: (i) responsive, compliant, acceptable, and (ii) having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation.

• Technical criteria weight – 70% (Background and education 10%; Relevant previous experience 20%; Substantial knowledge/Required competencies 30%; Required language 10%);
• Financial criteria weight – 30%.

Only offerors obtaining a minimum 490 points for technical criteria will be considered for the financial evaluation. For more information on procurement methodology for Individual Contractors, please refer to Procurement Notice.

Application procedure:

Interested applicants are requested to submit their applications by November 10, 2021 by using the Apply now button. The application should contain CV or P11 that can be downloaded at https://www.me.undp.org/content/montenegro/en/home/jobs.html. Please note that UNDP jobsite system allows only one uploading of application document, so please make sure that you merge all your documents into a single file.

Only the short-listed applicants will be contacted and requested to submit a letter of interest including a price quotation indicating the lump sum (in EUR) requested for the work envisaged in the section “Description of Responsibilities”.