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In the Turkish context, judicial reform is a top priority and the Government of Turkey, as a candidate for accession to the European Union has in recent years achieved comprehensive constitutional and legal changes. The determination of Turkey to realize judicial reform has been expressed in many national policy framework documents. The Judicial Reform Strategy covering the period of 2008-2014 was developed to pursue the future reform efforts contemplated in the field of judiciary within a specific plan. In addition, while the work culture based on strategic planning, as mandated for public entities by the Law No. 5018 on Public Fiscal Administration and Control and ever strengthening since its introduction, has a facilitative function in realizing the improvements in the public administration in general, and in the field of judiciary in particular, the Strategic Plan by the Ministry of Justice covering the period 2010-2014 has, in parallel with the Judicial Reform Strategy, dealt with the issues in the field of justice in a holistic, participative and systematic manner and laid down measurable objectives and goals for the solution to the problems so identified. The Government has endorsed three Judicial Reform packages since 2009 in line with the objective laid in Judicial Reform Strategy. The fourth package is expected to be discussed at the Parliament in coming months. Within this framework, it is required to update the Strategy Document reflecting best practices, lessons learned and possible solutions to the problems surfaced during the implementation of reforms in line with the developments in Turkey and internationally. Relying on this need, Ministry of Justice established a Committee in early 2012 for the development of the new Judicial Reform Strategy under the coordination of Presidency of Strategy Development and General Directorate of EU Affairs. To this end, there has been organized several platforms of consultation with the judicial practitioners and representatives of international community. In addition to the process for updating the Judicial Reform Strategy and Strategic Plan of the Ministry of Justice are which is expected to be updated in 2014, Ministry of Justice accelerated the work for updating their Strategic Plan. Contributing to the consultation process led by the Ministry for updating these two crucial documents, Ministry of Justice in cooperation with UNDP Turkey launched an initiative in February 2013 namely ?Initiation Plan for the Impact Assessment of the Judicial Reform Process for Efficient and Effective Delivery of Justice in Turkey? with the aim of the assessing the impact of the reform efforts of the Government of Turkey for effective and efficient functioning of the judiciary for the last decade as well as the best practices and lessons learned during the ongoing judicial reform process. The Terms of Reference at hand is for the consultant, who will support UNDP and Ministry of Justice in terms of providing legal expertise to the assessment report to be developed by the international consultant as well as the strategic framework for monitoring of the reforms and improving of the effectiveness and efficiency of the judiciary.
Duties and Responsibilities
Objectives General and specific objectives of the assignment are; To provide strategic advice along with the international consultant for the implementation of UNDP & Ministry of Justice joint initiative on impact assessment of the judicial reform processes in Turkey To support the work of the Initiation Plan along with the international consultant by providing consultancy for the development of a common strategic framework for monitoring and improving the efficiency and effectiveness of the Judicial System Scope of the Impact Assessment of the Judicial Reform Process The impact assessment will address progress against the judicial reform efforts for the last decade for the effective and efficient delivery of justice together with the capacity assets and needs for its further improvement. The results of this process will in turn result in the development of common strategic framework including the benchmarks to monitor and assess the duration of court proceedings and improve the efficiency and effectiveness of the judicial system, in order to address the backlog of pending cases and, in particular, the large backlog of pending serious criminal cases. The assessment will address the progress of the last decade but not limited to the following targets relying on the Strategic Plan of the Ministry of Justice and the Judicial Reform Strategy for enhancing the efficient and effective functioning of the judiciary: Providing operation of Courts of Appeal in civil and criminal judiciary Establishing and making operational of Courts of Appeal in administrative judiciary Carrying out activities in cooperation with the Turkish Bar Association for increasing the efficiency of the defence within the framework of the right to a fair trial and the principle of the equality of arms Paying attention to the principles of availability to judicial control and objectiveness in Selecting trainee judges and prosecutors and increasing quantity of judges, public prosecutors and judicial staff to a sufficient level Increasing the number of members of the Court of Cassation and the Council of State Establishing the Justice Academy Merging courthouses with the geographically close ones or courthouses with a less workload to the nearest one Continuation of improvement of physical capacity of courthouses in the framework of determined principles Considering international practice and necessities wide spreading the specialized courts Strengthening capacity of the Forensic Medicine Institution Appointment of judicial counsellors to Turkey?s certain Embassies Completing UYAP (National Judicial Network Project) and providing effective functioning of the system Spreading the usage of electronic signature in civil, criminal and administrative judiciary Continuation of training to enhance strategic management capacity and drafting MoJ?s strategic plan Diminishing the types of cases heard by High Courts as first instance rearrangement of the ?Law on Service? Adoption of the new Civil Procedure Code Enhancing efficiency of civil enforcement and bankruptcy system Reviewing expert witness system Restructuring the positions of counsellors, government and treasury lawyers in order to allow them to provide more effective service. Continuation of activities for improving juvenile justice system in line with international documents. Following the conduct of impact assessment study, a common strategic framework for monitoring of the reforms and improving of the effectiveness and efficiency of the judiciary in Turkey will be developed under the Initiation Plan by the International Consultant with support of the Consultant, which is subject to this ToR. The referred Framework is expected to address the following: Indicators of success of the reform initiatives for the efficient and effective functioning of the judiciary Benchmarks to monitor and assess the duration of court proceedings in order to address the backlog of pending cases and, in particular, the large backlog of pending serious criminal cases Mitigation plan against the risks identified for reducing the current backlog of the judiciary while also improving the quality of justice delivered Required Field of Specialization The Consultant shall support the ?Initiation Plan for the Impact Assessment of the Judicial Reform Process for Efficient and Effective Delivery of Justice in Turkey? for the conduct of the impact assessment of the judicial reform processes in Turkey along with the international consultant. In specific terms the Consultant will be responsible for the following: Provide inputs to the draft impact assessment report developed by International Consultant in the scope of the Project; Compile the results of the questionnaires prepared for judicial actors/institutions; NGOs, bar associations, law faculties, private sector and other relevant stakeholders on the current functioning of the judicial system and the impact of recent reforms Along with the international consultant, facilitate focus group discussions which will be organized to obtain more in-detail information on the key issues as identified through the interviews, desk review of the relevant documentation and legislative framework; Develop a common strategic framework for monitoring of the reforms and improving of the effectiveness and efficiency of the judiciary in Turkey, which is expected to include the issues indicated in Section 3 of this ToR together with the international expert Provide support to the International Consultant in terms of research and compiling relevant national documentation including reports and legislative framework Timing, Duration and Place of Work The Assignment is to start in 13 January 2014 and be completed in 1 April 2014. The table below outlines the number of working days that are allocated to the Consultant to carry out the assignment. Provide inputs to the draft impact assessment report developed by the international consultant - 10 w/d - Ankara - Place of Residence Compile the results of the questionnaires in a report - 15 w/d - Ankara - Place of Residence Submit the report reflecting the findings of the focus group workshops - 15 w/d - Ankara - Place of Residence Submit the inputs to the common strategic framework for monitoring of the reforms and improving of the effectiveness and efficiency of the judiciary in Turkey - 10 w/d - Ankara - Place of Residence Total Days Allocated for the Assignment - 50 Services and Facilities to be provided by UNDP UNDP will provide related documents and background information. The meetings and the workshops planned for the assignment will be organized by the Initiation Plan. Payments The Consultant will be hired under a Individual Contract and be paid in TL Equivalent of USD on daily basis and the payments schedule for set out in the table below. Submission of the inputs to the draft impact assessment report developed by the international consultant - 10 working days of the contracted amount* Submission of the compilation of the results of the questionnaires - 15 working days of the contracted amount* Submission of the report reflecting the findings of the focus group workshops - 15 working days of the contracted amount* Submission of the inputs to the common strategic framework for monitoring of the reforms and improving of the effectiveness and efficiency of the judiciary in Turkey - 10 working days of the contracted amount* * The payment conditions indicated herein represents the maximum amount to be paid for the particular deliverable and will be based on the actual number of working days invested for the development of each deliverable. The amount paid shall be gross and inclusive of all associated costs such as social security, pension and income tax. Assignment-related travel and accommodation costs will be borne by UNDP upon submission of documentation.
Ability to work under pressure against strict deadlines, Ability to think out-of-the-box, Ability to present complex issues persuasively and simply. Ability to contextualize global trends in accordance with the dynamics of the operating (working) environment.
Required Skills and Experience
Required Qualifications Basic qualifications required for the consultant include but are not confined to the following: Phd holder preferably in the fields of law, international law and/or other fields relevant to the assignment A minimum of fifteen (10) years of professional experience At least 5 years of hands-on experience in the providing support to the projects/programs in the field of judicial reform is an asset Ability and demonstrated experience in working with multi-disciplinary teams Excellent oral and written skills in Turkish and English Application Procedures The candidates will CVs to firstname.lastname@example.org . The deadline of application is 6 January 2014 until 5 p.m. UNDP cannot be kept liable for applications that will be rejected by its servers for reasons including but not limited to attachments with virus. The subject line of the e-mail for the applications should read the proper reference code as REF: LC /IAJR 13. Emails without a proper reference code in the subject line may not be taken into consideration: Evaluation of Applications Applicants meeting the minimum requirements listed in the Terms of Reference will be short-listed and asked for price proposals. The selection of the Consultant will be made in accordance with the quality- cost based selection method (70 % technical component and 30 % price component).
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