United Nations Development Programme (UNDP)

Lawyer (National Disability Reform System Project)

United Nations Development Programme (UNDP)

Job Description

  The overall objective of this 3-year, EU-funded, Project is to provide support to the full reform of the overall national disability determination system with a view to achieve more just, equal and easier access to rights to all kinds of cash benefits and services for persons with disabilities, in line with the national positive legislation and ratified UN Convention on Persons with Disabilities. The support will be provided through technical assistance for the development of new legal and institutional national disability determination system, Capacity Building and raising public awareness among the specific target groups and general population.

In order to achieve the specific objective of the project, the following results are foreseen:      1. Development and adoption of new standardized, unified, national functionalities/abilities-based criteria for disability determination for all the six sectors dealing with disability assessment: Social welfare (cash transfers/benefits and services), Pensions, War veterans, Employment, Education, and Health.2. Institutional rightsizing and reorganization – downsizing of current 30 Commissions to one unique entity for disability assessment for all the sectors, which implies development of the new law, by-laws and documentation for establishment of new institution that will do disability determination.

This takes development of the overall new national legislative framework, subject of this ToR. Disability determination is under jurisdiction of three-line Ministries: Ministry of Finance and Social Welfare (sectors: Social protection, Pensions and War Veterans), Ministry of Economy (Employment,) Ministry of Health and Ministry Education and line institutions, such as Pension and Disability Social Insurance Fund, national Employment Agency and social welfare centres, is envisaged as well.

For this purpose the UNDP seeks to recruit a national consultancy – a Lawyer to support the above mentioned activities.

Duties and Responsibilities

Under the guidance and supervision of the respective UNDP Programme Manager, the Consultant will be in charge to draft and support development of the overall legislative framework for new disability determination system.

The legal framework that will regulate the new system. This implies Analysis of the existing and drafting of the new normative framework (law/s, line by-laws and legal establishment documentation for the new institution) on unique determination entity and unified methodology. The Government is expected to establish a Task Force Group composed of legal experts from all relevant sectors with which the Consultant will closely cooperate with. Therefore, the key milestones, the Consultant is expected to deliver are, as follows:
  1. Review of the current legislative framework (laws and by-laws) in all the line sectors: social protection, pension and war veterans, employment, education and health. Desk review of line international relative example of legislative solution for disability determination system. The Consultant is also tasked to determine which provisions of the current legislation are to be dismissed i.e. to be put out of force by introduction of the new legislation. Due to be delivered by April 30, 2021. Estimated workdays: 25.
  2. Drafting new law to introduce new disability determination system (new unified, national disability determination criteria and new national institution for disability determination), putting existing legal provisions out of force. An international consultant to be engaged on the project will support another country legal solution on this matter. The cost-benefit analysis and Regulatory Impact Assessment (RIA) of the law will be developed by an Economist. The Consultant is also tasked to develop accompanying justification doc. for the law adoption. Due to be delivered by June 30, 2021. Estimated workdays: 35.
  3. Drafting the by-law/s envisioned by the new law. The by-law/s should include line forms such as application form, assessment form, registry keeping provisions (in line with Personal Data Protection law), and similar. Due to be delivered by August 30, 2021. Estimated workdays: 25.
  4. Drafting of the establishing legal acts of the new institution for disability determination (Zavod za utvrdivanje invaliditeta), including jobs placement act. The Consultant is also expected to draft template expert opinion (affirmative, negative i.e referrals) that the new institution is to issue to the applicants. Due to be delivered by September 30, 2021. Estimated workdays: 25.
  5. Depending of the feedback from the Secretariat for Legislation and outcomes of trial implementation of the new system, the Consultant is tasked to adjust the legislative provisions accordingly. Due to be delivered by June 30, 2022. Estimated workdays: 15.
  6. Provide continuous support the Information System Analyst to properly interpret new legislative framework for the line Information System - development of technical specification. Due to be delivered by December 20, 2022. Estimated workdays: 15.
The Consultant is expected to present, discuss. address comments and accordingly align all the draft legislation with the Task Force group both in person (in the meetings) and in written form.

Reporting: The Consultant will be engaged for period of February 22, 2021 – December 20, 2022, for total of estimated 140 consultancy days in this period. S/he will be required to quarterly submit reports on implementation of the main activities and deliverables presented in this ToR. The Contract will be issued for the period of one year, subject of renewal based on the positive performance appraisal.

Competencies

  • Demonstrating/safeguarding ethics, integrity and UN values.
  • Demonstrating expert legal knowledge and sound judgment. Self-development, initiative-taking.
  • Facilitating open communication, presenting effectively both in written and in person.
  • Acting as a team player and facilitating teamwork. Establishes, builds and sustains effective work relationships with the stakeholders (Task Force Team).

Required Skills and Experience

Education:
  • University Degree – BA in Law;
Experience:
  • Excellent knowledge of the national legal system including Administrative Law. Minimum seven years of relevant working experience;
  • Proven track record of experience in drafting laws, by-laws and other legal decrees;
  • Work experience, preferably in social, employment, pension, health or education sectors.
Language:
  • English language knowledge is not a requirement.
Other:
  • Solid computer literacy skills.
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 February 9, 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".

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