Consultant in Legislative Processes
home-based with one mission to georgia
Funded by the European Union and implemented by the United Nations Development Program (UNDP), the Project “Strengthening the System of Parliamentary Democracy in Georgia” is supporting the Parliament of Georgia to transform into a strong and credible institution capable of exercising its constitutional functions effectively. Among other activities, the Project supports the Parliament in engaging in the Open Government Partnership (OGP) initiative to increase openness and citizen engagement in legislative processes.
As an OGP member, the Parliament of Georgia has considerably progressed in implementing legislative openness reforms. Georgia became the first country in Europe with an extensive openness action plan co-designed with the civil society. The Parliament has already developed three biannual openness action plans and has been efficient in gradually fulfilling its commitments.
In 2018, as part of the openness reforms, the Parliament changed and adopted new structure of the explanatory note accompanying draft legislation (which was written into the Law on Normative Acts). The change was made to ensure that the Members of Parliament, government officials, civil society organizations and any other interested stakeholders are provided with clear aims of the new legislation and/or legislative changes, their compliance with international standards and impact on particular field of activity, including financial effect. As a follow-up, the Parliament approved the recommendation of the Transparency International (TI) Georgia - one of the members of the Advisory Group of the Permanent Parliamentary Council on Open Governance - to take a step further and create a Guide Book on Explanatory Note. The Guide Book would support legal drafting process, guide the initiators of draft legislation on how to draft explanatory notes and thereby, strengthen the skills of the legal drafters.
To facilitate this process, the Project seeks assistance of an International Consultant to support the Parliament of Georgia in the development of the Guide Book on Explanatory Note to draft legislation.
Duties and Responsibilities
The objective of the Consultancy is to produce a Guide Book on Explanatory Note which would be easily readable and used as a reference point for anyone, regardless of their qualifications or skills. The Guide Book shall serve the following objectives:
- Explain in brief the role and importance of a comprehensive and well-justified Explanatory Notes accompanying draft legislation
- Define in plain and popular language the main structure and components of the Explanatory Note
- Provide good and bad examples of filling each explanatory component taking into account international standards
The International Consultant works closely with the Parliament of Georgia, in particular the Procedural Issues Committee and other Standing Committees (e.g. Legal issues and European Integration Committees), as well as other notable stakeholders such as representatives of the civil society organizations and supporting donor organizations. The international expert should meet the following objectives:
- Conduct desk research based on the Gap Analysis document preliminarily developed by TI Georgia and produce a preliminary draft for the Guide Book on Explanatory Note
- Hold a mission to Georgia to meet different stakeholders to study deeper the existing challenges; and, deliver a multi-stakeholder workshop on best international practices related to Explanatory Notes. Workshop will aim to seek input from the participating parties on the structure and content of the Guide Book
- Based on a combination of desk research and input from the meetings and a workshop - finalize the Guide Book.
- After completion of the above tasks, draft a final report on the performed activities with recommendations for the future.
The Consultant is accountable and reports to the UNDP Project Manager on parliamentary development. During the assignment, s/he cooperates and coordinates closely with the TI Georgia to exchange information, advice, plan meetings and a workshop based on the past work and lessons learned.
- Draft Guide Book on Explanatory Note
- Multi-stakeholder workshop on explanatory notes
- Final draft of the Guide Book on Explanatory Note
- Final report on performed activities and recommendations for future
The consultant will be paid a lump sum in two installments upon successful completion of the deliverables according to the following scheme:
- Draft Guide Book on Explanatory Note; Multi-stakeholder workshop (up to seven days) and participation in workshop (including separate individual meetings with stakeholders): due in March 2019; 60% of a total sum;
- Finalized Guide Book on Explanatory Note (Online consultations when required); Final report on performed activities and recommendations for future: due in April 2019; 40% of a total sum
- Demonstrates integrity by modeling the UN’s values and ethical standards
- Promotes the vision, mission, and strategic goals of UNDP
- Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability
- Treats all people fairly without favoritism
- Excellent intercultural, moderation, facilitation and negotiation skills;
- Builds strong relationships with stakeholders, focuses on impact and result and responds positively to feedback;
- Consistently approaches work with energy and a positive, constructive attitude;
- Demonstrates openness to change and ability to manage complexities;
- Ability to lead effectively, mentoring as well as conflict resolution skills
- Demonstrates strong oral and written communication skills
- Remains calm, in control and good humored even under pressure
- Proven networking, team-building, organizational and communication skills
- Ability to work in a multi-cultural environment
Required Skills and Experience
- At least Master’s degree in law, public policy/administration or related field (minimum requirement: 8 points)
- At least 10 years of experience of working with governmental and/or legislative bodies with a focus on policy-making and legal drafting (minimum requirement: 10 years – 10 points; more than 10 years– additional 6 points);
- Demonstrated experience of working on international assignments/providing advisory services for the national governments and/or parliaments in the area of policy-making and legal drafting (minimum requirement: 2 similar consultancies - 10 points; more than 2 similar consultancies - additional 6 points);
- Strong knowledge of legislative procedures
- Fluency in English.
Offerors will be evaluated against a combination of technical and financial criteria provided in the below table. Technical criteria consist of a desk review (40 points) and an interview (30 points). Offerors obtaining minimum 28 points as a result of the desk review (criteria 1, 2 and 3) will be short listed and invited for an interview. Offerors obtaining minimum of 21 points as a result of the interview (i.e. minimum of 49 points in the technical criteria) will be considered qualified and requested to provide financial proposal for the assignment.
The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e. whether payments fall in installments or upon completion of the entire contract). Payments are based upon output, i.e. upon delivery of the services specified in the TOR. In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount.