Legal expert to develop a training module and deliver training on secondary free legal aid for secondary free legal aid service providers

Background

Governance reforms are at the heart of the European Union (EU) accession process and have been prioritized as key to addressing Albania’s socio-economic challenges. Major investments have therefore been made by the Government of Albania (GoA) in reforming the public administration and judiciary, and in efforts to reduce corruption, strengthen the rule of law, and rationalize relations between central and sub-national state bodies. Delivery of quality and inclusive public services, including at local level, is one of the many important interventions the GoA is intensively working on.

The adoption of a set of constitutional amendments paved the way for comprehensive and thorough justice reform in Albania which represents a key requirement for EU accession. Moreover, a set of organic laws, identified by the Albanian legislator as priority for the implementation of justice reform, were adopted. Organic laws that regulated service provision to citizens, including free legal aid law, were reviewed.  A comprehensive Free Legal Aid (FLA) law was developed with the technical support of UNDP in partnership with EURALIUS project, which entered into force in mid-2018 and requires adequate implementation by responsible bodies. The law provides for the establishment of a new department, within the Ministry of Justice (MoJ), to organize and oversee a broadened set of primary and secondary FLA providers, including a new branch of the civil service and major involvement of NGO providers and the Bar membership. The new structure will need substantial assistance in its setting up, inter alia, a solid regulatory scheme and a quality control programme.

The challenge for the Albanian Government is momentous and will require significant outside support to succeed. This is, in part, because the current FLA system is barely functional. According to a 2017 comprehensive Access to Justice Survey by UNDP-Albania, almost half of the population has had legal problems in the last five years and nearly three-quarters of Albanians believe the national justice system does not protect their rights adequately. The FLA scheme covers only a fraction of the needs of low-income and other disadvantaged groups. In addition, three key factors – low levels of legal literacy, dubious attitudes on what is just, and a lack of trust in the justice system – contribute to a fragile framework for access to justice in Albania.

On the positive side, the Government is committed to effectively implement the recent improved FLA Law as per the commitments articulated in the Justice Inter-Sector Strategy.

MoJ with UNDP support drafted and finalized a complete set of by-laws as per the FLA law requirements, adopted by Council of Ministers and MoJ. As per the approved Prime minister’s Order on the structure and organogram of the FLA Unit/Directorate at the MoJ, the latter has set up the new structure and started job recruitment procedures for 25 staff.

To support MoJ with establishing FLA services at local level, during 2017 till at present, UNDP Albania has contributed to establish the foundations of a functional legal aid system in Albania through piloting 6 FLA centres in close partnerships with District Courts in Fier, Durres, Tirana, Lezha, Shkodra and Dibra and specialized NGOs, offering primary and secondary FLA services to the most vulnerable people at local communities. Currently, in the frame of the “Expanding Free Legal Aid Services to Women and Men in Albania” (EFLAS) project implemented by UNDP in close partnership with MoJ 3 FLA centres were revitalized and are functioning, namely in Lezha, Durres and Fier, and opening of two new ones in two other areas is underway.

Considering the highly demanded FLA services from the most marginalized citizens and building upon the results of previous Access to Justice (A2J) project implemented by UNDP Albania in close collaboration with the MoJ, support provided in the frame of the EFLAS project will be essential to move to the next stage of consolidating the services delivered to vulnerable individuals and communities at the FLA centres and the implementation of the new free legal system.

Considering the need for professional competency in delivery of secondary free legal aid in Albania and to develop the professional skills of lawyers and assistant lawyers delivering free legal aid aiming to guarantee, firstly  professionalism in exercising the profession, and secondly the right to legal aid to those who do not have sufficient financial resources, UNDP, in its support to MoJ and the Directorate of Free Legal Aid (FLA Directorate) requires the services of a legal expert with experience in developing didactic materials for professional training of legal professionals.

Duties and Responsibilities

Main duties and responsibilities:

• In consultation with the technical team of FLA Directorate at the MoJ and in line with the technical criteria set by Albanian Chamber of Advocacy (AchA) develop the training module of courses for professional training on Secondary Free Legal Aid. The module should build on: the existing Albanian experience and the fundamental acts governing the legal profession in the context of the European Community, inter alia on the EU Directive for exercising the lawyer profession and the jurisprudence of the European Court of Justice and the European Court of Human Rights;
• Prepare a detailed implementation plan for the delivery of training;
• Prepare pre- and post-tests of training;
• Present in interactive format the contents of the training courses;
• In full agreement with AChA and in partnership with FLA Directorate and UNDP deliver the courses in 3-day training. More specifically some of the topics could be the following:

First Day:

• Free Legal Aid, types of free legal aid, categories of beneficiaries of free legal aid and the request and procedures for delivery of primary free legal aid (analysis of the Law no. 111/2017 on “Legal Aid Guaranteed by the State”;
• Reporting to the Free Legal Aid Directorate on supported cases based on the Guidelines no.1, date 08.03.2019 on “Approval of the rules and procedures for gathering, processing and administration of data registers”.
• On the procedures for the monitoring and evaluation of the quality of legal aid service based on the Methodology approved with the Order no. 531, date 25.11.2019 of the Minister of Justice “On the approval of the criteria and methodology for the evaluation and the supervision procedures of legal aid service quality by the Directorate of Free Legal Aid”;
• Joint Guidelines no. 18, date 05.08.2020 on “Approval of the criteria for benefiting payments and the remuneration fees of lawyers who provide secondary legal aid”;
• Joint Guidelines no. 17, date 05.08.2020 on “Implementation rules of the rotation principle for appointed lawyers to deliver secondary legal aid in civil and administrative proceedings”;
• Decision no. 231, date 12.11.2019 of the High Prosecutorial Council (HPC) on “Rules and procedures followed by the prosecution authority that initiates the investigation, for the appointment on the basis of the principle of rotation of a defence lawyer and his replacement from the list of lawyers providing secondary legal aid services in criminal proceedings”.

Second Day:

• Legal protection of victims of violence, sexual abuse and human trafficking;
• Legal protection of juveniles’ victims or in conflict with the law as per the Juvenile Justice Code;
• Legal framework for the protection of people with disabilities in the Republic of Albania.

Third Day:

• Legal framework on social assistance and services in the Republic of Albania;
• Legal regime of land and novelties of the Law no.20/2020 "On the completion of the transitional ownership processes in the Republic of Albania".
• Legal framework on protection from discrimination in the Republic of Albania;

However, the above is not an exhausting list, but more of an indication of the expected topics to be covered.

• Analyse pre- and post-tests data (preferably in google form);
• Prepare the final report on training delivered.
• Prepare final report analysing lessons learned and recommending future development for similar interventions.

The list of final deliverables:

• Module of courses for professional training on Free Legal Aid in Albania to secondary legal aid providers developed as per FLA Directorate identified needs and in line with AChA set criteria and procedures for the legal education of lawyers and assistant lawyers;
• Detailed plan of implementation for developing a module of courses and professional training of lawyers and assistant lawyers delivering free legal aid;
• Delivery of training and all relevant training materials as per detailed plan of implementation;
• Final report prepared analysing lessons learned and recommending future development for similar interventions.

Competencies

Corporate Competencies:

• Demonstrates integrity by modelling 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 favouritism.

Functional Competencies:

• Analytical skills, initiative, sound judgment, results-oriented and efficiency in a multi-tasking environment
• Good inter-personal and teamwork skills, networking attitude, ability to work in multi-cultural environment
• Ability to work under pressure in complex situations
• Ability to work in an independent manner, set priorities and organize the workflow efficiently
• Excellent writing and presentation skills
• Very good computer skills and ability to use information technology as a tool and resource.

Required Skills and Experience

Academic Qualifications/Education

• MA degree in law.
• Certified trainings in the area of rule of law, and especially in human rights;
• Postgraduate studies are considered an asset.

Work experience:

• Minimum 7 years of relevant professional experience in academia, and especially in drafting didactic materials for the training of professionals in justice field, rule of law and human rights issues, in particular;
• Proven professional experience in providing technical support to government and/or state institutions in drafting specific training programmes;
• Excellent knowledge of the legal and institutional framework in Albania, in particular sound knowledge of justice and administrative system.
• Sound experience working with a wide range of stakeholders including government institutions and civil society organizations, focused mainly on the rule of law area and human rights;
• Proven professional experience in conducting professional training to legal professionals of the justice sector;
• Excellent analytical, writing and reporting skills;
• Prior experience with AChA and MoJ is an asset.
• Prior experience with UN or international organizations devoted in the field of rule of law, is an asset.

Language skills:

• Excellent writing, editing and oral communication/presentation skills in English and Albanian is required.

Evaluation of Applicants

Individual consultants will be evaluated based on a cumulative analysis taking into consideration the combination of the applicants’ qualifications and financial proposal.

The award of the contract should be made to the individual consultant whose offer has been evaluated and determined as:

a) responsive/compliant/acceptable, and

b) Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation.

Only the highest ranked candidates who would be found qualified for the job will be considered for the Financial Evaluation.

Technical Criteria - 70% of total evaluation – max. 70 points:

• Criteria A: Compliant educational background - max points: 15
• Criteria B: Demonstrated experience in developing didactical materials and delivery of professional training in areas of free legal aid, human rights and rule of law - max points: 35

• Criteria C: Experience in professional capacity building of a wide range of legal professionals of justice sector - max points: 20

Financial Criteria - 30% of total evaluation – max. 30 points.