Local Experts to assist with research of case-law of the Constitutional Court

Background:

Through this project, the OSCE Presence in Albania (hereinafter “the Presence”) aims to further enhance transparent, efficient, and accessible constitutional justice in Albania and contribute to strengthening the rule of law in the country in line with the international standards and OSCE commitments. The intervention of the Presence through this project directly builds on the progress made in developing capacities and resources of the Court since 2020 through the Presence’s Project “Support to the advancement of the rule of law in Albania”, and is in line with the Court’s strategic document 2021-2023.

In this, regard, the project will assist the Court to prepare a Guide on its case-law organized by theme or by rights/principles, alike the European Court of Human Rights similar tools. Such document will serve to judicial staff to improve their research capacities, meanwhile will help standardize decisions, given that the Court is the only court following precedents. The Guide will also serve to lawyers, legal professionals, law practitioners and scholars to efficiently search the Court’s case-law. Further, it will enhance the quality of individual complaints, thus contributing to an increased citizens’ access to the Court and a better protection of their fundamental rights and freedoms.

In order to prepare the Guide, external local expertise will be required. Indeed, two senior local consultants, with distinguished expertise in the highest levels of the judiciary (potentially former judges of the Constitutional Court or/and High Court), will develop two key sections of the Guide focused on a set of general principles of law and fair trial principles that have been elaborated by the Court over the years. The special focus on fair trial rights is kept by having in mind that a considerable amount of decisions issued by the Court are on the fair trial rights and principles. In addition to the two senior experts, two junior consultants will help with research and with the classification of decisions by themes/elements, assisting this way the work of the two senior experts.

The drafting process of these chapters of the Guide is envisaged between May-October/November 2023. Once produced, the final text of the document will be presented to and approved by the General Meeting of Judges of the Constitutional Court in December 2023. The Guide on the case-law of the Constitutional Court is conceived as a living/working document, thus the Court plans to continue enrich and update it in the long run.

For the purpose of this contract, the Project seeks for the services of two Junior Local researchers, who would conduct research in the Court’s case-law and classify decisions by themes/elements/elaborated standards, focused on a set of fair trial principles and a set of general principles.

Objective of Assignment:

The Junior Local Experts at hand, will assist the Court and its external experts in the process of preparing two key sections of a Guide on its case-law by conducting research on a set of fair trial principles and a set of general principles.

Duration of Assignment:
The duration of this consultancy is envisaged for a period of 3 months, May-August 2023.

Tasks and Responsibilities:

The researchers shall carry out the following tasks:
 Assist the Court and its external experts in the process of preparing two sections of a Guide on its case-law, by:
o Conducting research on the Constitutional Court’s caselaw on general principle of laws as well as caselaw on specific rights (and their elements) (e.g., fair trial rights and principles) that were developed by the Court, thus reviewing the bulk of the decisions issued over the years;
o Based on the research, and in collaboration with the Court’s Legal Sector, identifying in which decision/s a given standard is established, elaborated and/or maintained by the Court by theme/topic or principle;
o Assisting with the classification of decisions containing elaborated standards about the (i) main principles of law (e.g., the principle of division of powers, of self-governance, legal certainty, proportionality, non-discrimination), and (ii) right to a fair trial and procedural guarantees (e.g., the right to the court, independent court, impartial court, the right to be heard, the right to obtain information, the right to be notified, the right to defence, equality of arms, equality before the law, trial in absentia, presumption of innocence, ne bis in idem, res judicata, reasoning of the decision);
o In doing so, the researchers shall cross check decisions which might contain more than one of the standards elaborated by the Court; In addition, the researchers shall identify also decisions where for the same element the position or standing of the Court might have further developed in time;
 Submit for review a catalogue of decisions where the standards of the Court have been identified;
 Following comments from the Court and the Project on the written materials, submit final versions of the catalogue.

Deliverables:

Prepare and submit to the Presence and the Court a catalogue of decisions where the standards of the Court have been identified and indicated/listed by 15 August 2023.

Necessary Qualifications:

• University degree in law or human rights;
• Two years of work experience in law firms, local or international organisations where applied research skills of case law of the Constitutional Court, European Court of Human Rights, and other courts;
• Knowledge of international standards in constitutional justice/jurisprudence in Europe, would be an asset;
• Very good communication and drafting skills in English and Albanian language;
• Computer literate with practical experience in Microsoft applications and familiarity with online platforms such as Zoom.

Remuneration Package:

Remuneration will be based on the selected consultant's/expert's qualifications, experience, the tasks and deliverables for this position and in accordance with the OSCE established rates.

If you wish to apply for this position, please use the OSCE's online application link found under https://vacancies.osce.org/.

The OSCE retains the discretion to re-advertise/re-post the vacancy, to cancel the recruitment or to offer an appointment with a modified job description or for a different duration.

Only those candidates who are selected to participate in the subsequent stages of recruitment will be contacted.

The OSCE is committed to diversity and inclusion within its workforce, and encourages qualified female and male candidates from all religious, ethnic and social backgrounds to apply to become a part of the Organization.

Candidates should be aware that OSCE officials shall conduct themselves at all times in a manner befitting the status of an international civil servant. This includes avoiding any action which may adversely reflect on the integrity, independence and impartiality of their position and function as officials of the OSCE. The OSCE is committed to applying the highest ethical standards in carrying out its mandate. For more information on the values set out in OSCE Competency Model, please see https://jobs.osce.org/resources/document/our-competency-model.

Please be aware that the OSCE does not request payment at any stage of the application and review process. Additional Information