Overview
Assessment report on the approximation of the current draft Law on amending and supplementing Law on Civil Use of Explosives with relevant EU directives on civil use of explosives.
Support the beneficiary institutions in assessing and drafting of legal/sublegal acts
Context
Home Affairs Programme of European Union in Kosovo, or HAPE, is an EU-funded technical assistance project conceived to support and assist key Kosovo law-enforcement agencies and ministries, in particular the Kosovo Ministry of Internal Affairs (MIA), Kosovo Police (KP), Special Prosecution of Republic of Kosovo (SPRK), in achieving their objectives and bringing their performance closer to EU standards.
The Grant Contract No. IPA/2022/441510 for the implementation of HAPE was awarded by the EU Office in Kosovo to the Ministry of Interior (MoI) of the Republic of Italy as the lead partner. MoI of the Republic of France and Belgian Federal Police are the other two implementing partners of the project. The project started on 1 March 2023 and is expected to last 40 months.
The specific objective number 1 of HAPE is to strengthen the capacities and improve the performance of MIA and its dependent institutions to align effectively with the EU Acquis (chapter 24). The specific objective number 2 is to strengthen the investigative and operational capacities of KP, SPRK and Kosovo Academy of Public Safety (KAPS) in the fight against Serious Organized Crime, corruption, terrorism, cyber-security, forensic, border management, migration, seizure and confiscation of criminal assets.
One of the aims of HAPE under outcome 1/output 1.1.2 is to support the beneficiary institutions in assessing and drafting legal/sublegal acts. In particular, output 1.1.2 requires supporting MIA in assessing and drafting the Law on amending and supplementing Law no. 04-L-022 on Civil Use of Explosives, in compliance with EU relevant Directives on civil use of explosives. This new law is among MIA’s legislative priorities for 2024.
Therefore, HAPE will recruit and deploy an international short-term expert (STE) to support MIA in finalising and approximating the draft Law on Civil Use of Explosives with relevant EU Directives and best standards, in compliance with Kosovo legislative drafting priorities, before MIA submits for public consultation and Parliament.
The specific objective of the assignment is to review the current law and assess the new draft Law on Civil Use of Explosives with the relevant EU Directives in the area.
Responsibilities for the Contractor
* Review and analyse the current Basic Law no. 04-L-022 (2011) on Civil Use of Explosives;
* Review and analyse and comment the Draft Law on Civil Use of Explosives;
* Identify relevant EU acquis and EU Directives;
* Identify potential norms that are not aligned with EU Acquis and relevant Directives on the civil use of explosives;
* Identify potential gaps in the current draft law vis-a-vis EU Acquis and relevant Directives;
* Draft relevant proposals and recommendations to ensure the approximation of the current Draft Law with EU Acquis and relevant Directives on the civil use of explosives and best practices;
* Collect feedback on the draft law in a systematic manner to improve the assessment;
* Any other service necessary for the completion of the tasks above.
Outputs and Deliverables
* The current and the draft law on Civil Use of Explosives reviewed and assessed.
* Assessment report including findings and recommendations to ensure the approximation of the current draft law with relevant EU Acquis and Directives.
* Final Mission Report (max 2–3 pages).
* METHODOLOGY
Methodology
The expert is expected to carry out the assignment in close cooperation and consultation with MIA relevant representatives and the HAPE project. In performing the above-mentioned services, the expert may employ some or all of the following methods:
* Desk collection, review, and analysis of the Basic Law and the new Draft Law on civil use of explosives against EU relevant Directives and best practices and necessary literature.
* Online meetings and discussions with relevant actors involved in drafting the Draft Law in MIA or other stakeholders.
* Remote interviews, questions and inquiries.
Expert Profile
* Qualifications and skills
* University degree in the relevant area
* 8+ years of extensive work experience
* Demonstrated experience and strong working knowledge of EU relevant standards for the civil use of explosives
* Demonstrated experience with the implementation of EU Directives on civil use of explosives
* Fluency in English (written and spoken)
Preferred Qualifications
* Professional experience in preparing and contributing to laws, regulations, and relevant experience in the area
* Professional experience in international cooperation
General and Specific Professional Experience
* Strong professional background and highly skilled in legal drafting and report writing
* Minimum 8 years’ experience in working in the area
Working Languages
Working language(s): English
Location and Duration
Starting date: 26 February 2024
Duration of assignment: 15 working days, home-based (6 days for the review of the current law, 6 days for the review of the new law, 3 days for finalising the report).
Detailed Work Plan
Starting Date: 26 February 2024
Feb
Mar
Review and analyse the current Law no.04-L-022 on Civil Use of Explosives
Review and analyse the current Draft Law on Civil Use of Explosives
Identify potential norms that are not aligned with EU Acquis and relevant Directives on the civil use of explosives
Identify relevant proposals and recommendations to ensure approximation of the current Draft Law with EU Directives on the civil use of explosives and best practices
Any other service necessary for the completion of the tasks above
Final Mission Report
Note: Due to the needs of the HAPE Project, the days may be modified or redistributed internally with approval, but the total number of days will not be reduced.
Location
Home based.
Reporting
A detailed work-plan of inputs, outputs, activities, and reports shall be submitted for approval to the HAPE Team Leader within the 1st day of commencement of the contract.
A Final Mission Report (max 2–3 pages), stressing recommendations, shall be submitted no later than two weeks after the end of the period of implementation.
#J-18808-Ljbffr