Country: Poland
Closing date: 20 Aug 2018
Background
ODIHR’s Rule of Law Unit is part of the Democratization Department and is tasked with supporting OSCE participating States in fulfilling their OSCE commitments in the area of trial monitoring, criminal justice reform, judicial independence, gender, diversity and justice and administrative justice.
Across the OSCE region, there are a variety of different forms of institutional frameworks (including in relation to structure, composition and authority) among administrative courts and tribunals, depending on national political and legal traditions. For example, predominantly in countries with common law traditions, administrative acts are challenged in specialized administrative tribunals and/or ordinary courts (e.g., in the United Kingdom and the United States). Alternatively, in some countries administrative proceedings are dealt with through specialized chambers or sections within ordinary courts (e.g., in the Netherlands and Spain). Many countries have also created separate parallel administrative court structures to deal with general administrative law (e.g., in Germany, France, Greece and Sweden).
Prior to the publication of its Handbook for Monitoring Administrative Justice (2013), ODIHR identified a growing trend in many countries of establishing specialized courts, tribunals or chambers within regular courts to deal with judicial review of administrative acts. It was noted that new specialized courts, tribunals or chambers within regular courts created to deal with judicial review of administrative acts often face difficulties with interpretation and application of new legislation, with adverse effects for private persons seeking justice. Since the publication of the Handbook, several participating States (pS) have also undertaken judicial reforms in this direction.
In some jurisdictions, administrative justice reform takes place against a backdrop of systemically weak or weakening judicial independence. Judicial independence, especially in the field of administrative justice, is a pre-requisite for holding the government accountable for the acts and decisions taken against private persons that might affect their enjoyment of fundamental rights and freedoms. Judges who enjoy insufficient guarantees of judicial independence are furthermore less likely to be impartial when the state is involved as a party to the proceedings.
Given the above, it is crucial that the reform of institutional frameworks with respect to administrative justice adequately safeguards judicial independence.
In this context, ODIHR plans some activities in order to support new administrative courts and tribunals and to inform ongoing judicial reform processes, including the drafting ofa comparative analysis of the challenges and good practices in safeguarding the judicial independence of administrative courts and tribunals across the OSCE region and an expert meeting in October 2018 (18 or 23 October, TBC).
Objective
The objective of this consultancy is to support the development of a comparative analysis of the challenges and good practices in safeguarding the judicial independence of administrative courts and tribunals within different types of administrative courts and tribunals across the OSCE region. This includes preparation of a background assessment, participation in an expert meeting and preparation of an outcome document which outlines the key challenges and good practices/safeguards identified.
Tasks and Deliverables
Under the overall supervision of the Chief of the Rule of Law Unit, the Expert will perform the following tasks:
Supporting preparation for an expert meeting on challenges and good practices in safeguarding the judicial independence of administrative courts and tribunals in the OSCE region, including:
-preparing a background assessment briefing on the predominant typologies for administrative justice across the OSCE region (by 21 September 2018);
-developing a set of questions/questionnaire for participants at an expert meeting (by 28 September 2018);
-drafting a provisional outcome document on challenges and good practices in safeguarding the judicial independence of administrative courts and tribunals for review at the expert meeting (by 28 September 2018).Supporting work at the expert meeting on challenges and good practices in safeguarding the judicial independence of administrative courts and tribunals in the OSCE region. Participation at the meeting will include presentation of the background assessment and draft outcome document, as well as active participation in plenary sessions of the meeting and moderation of one of the two working groups during parallel sessions (18 or 23 October 2018, TBC).
Based on feedback of participants at the meeting, revising and finalizing the outcome document which provides a comparative analysis of challenges and good practices in safeguarding the judicial independence of administrative courts and tribunals across the OSCE region (by 2 November 2018).
Necessary Qualifications, Experience and Skills:
- Advanced university degree in law, ideally paired with a higher academic title;
- A minimum of 6 years of six years of professional experience in the field of administrative justice, either in an academic or practical capacity;
- Familiarity with international standards relevant to rule of law, including key international commitments on administrative justice and judicial independence;
- Knowledge of issues related to judicial independence and administrative justice reform in the OSCE area;
- Solid academic and practical record, including research and analysis, and publications on rule of law and administrative justice issues;
- Ability to apply gender analysis and to identify and address issues relevant to gender to this assignment;
Full command of English, including very good and concise writing skills; - Computer literacy;
- Strong organizational and communication skills;
- Flexibility, ability to work under minimal supervision and deliver against tight deadlines.
Period of Assignment and Remuneration
The assignment is for up to 15 working days between 3 September and 2 November 2018.
Remuneration will reflect the necessary qualifications, experience and skills as described and be in accordance with OSCE established rates. Remuneration for services will be payable at the end of the assignment and upon acceptance of all deliverables as reaching the required standard of quality by OSCE/ODIHR Democratization senior management in the manner described in these Terms of Reference.
Travel expenses will be covered by ODIHR according to OSCE travel policy.
Location:
Expert’s home office and Warsaw, Poland.
How to apply:
If you wish to apply for this position, please use the OSCE's online application link found under https://jobs.osce.org. Please indicate your availability for October in your cover letter, in particular on 18 and 23 October to attend the planned one-day expert meeting in Warsaw.
Please note that only shortlisted applicants will be contacted.
The OSCE is committed to diversity and inclusion within its workforce, and encourages qualified female and male candidates from all national, religious, ethnic and social backgrounds to apply to become a part of the Organization.
The OSCE retains the discretion to re-advertise the vacancy, cancel the recruitment, offer a consultancy at a different level or with modified terms of reference or for a different duration.