Legal Consultant on Case Management Systems and Reporting

Belgrade, Serbia
Apply by 16 September 2018
Mid-level , Short-term contract assignment
Posted on 18 July 2018

Job Description

This is a local position for Serbian nationals. To apply, CVs should be submitted to gai-belgrade@checchiconsulting.com by the deadline stated above. Please put “GAI STTA - CMS Reporting” in the subject line.

USAID Government Accountability Initiative (GAI)

Legal Consultant on Case Management Systems and Reporting

Background and goal

The Government Accountability Initiative (GAI) is a four year, USAID-funded activity, aimed at strengthening capacities and connections of key Serbian stakeholders to increase government accountability at the national and local levels.

Component 3 of GAI, Adjudication of Corruption Cases, supports the Supreme Court of Cassation (SCC), Republic Public Prosecutor’s Office (RPPO), Ministry of Justice (MOJ), specialized anti-corruption court units and prosecutors’ offices. The project was awarded in February 2018, and is implemented by Checchi and Company Consulting, Inc.

Under Component 3 Adjudication of Corruption Cases, GAI will:

  1. Support anti-corruption specialized court units in implementing the new Law on the Organization and Jurisdiction of State Organs in Fight against Organized Crime, Corruption and Terrorism Financing.
  2. Develop procedures and methodology for data collection, record keeping and statistical reporting on corruption cases.
  3. Establish an electronic register of corruption cases (ERCC) to support information sharing between different institutions working on the investigation and prosecution of corruption cases.

The Action Plan for Chapter 23, Activity 2.3.4.3, foresees establishing a model of unique record keeping (electronic register) for criminal offenses with an element of corruption, in accordance with the law governing the protection of personal data.

It is envisioned that established specialized anti-corruption units in courts and public prosecutors` offices will be supported with appropriate procedures for quality data collection and analysis, which in turn would enable policy makers to pinpoint obstacles and bottlenecks to successful prosecution and adjudication of corruption cases. To this end, GAI will help establish a system for the collection of unified statistics on corruption, distinguishing clearly between different types of criminal offences, the length of cases, outcome of the proceedings, etc. GAI will approach the creation of an ERCC from legal, technical (hardware/software) and business process streamlining angles simultaneously.

The mechanism will draw wherever possible from the existing case management systems for courts and public prosecutors` offices (AVP, SAPO, SIPRES), and will be designed specifically to offer information meeting the needs of the SCC, MOJ, and indirectly the EU and others. Provision of this data should allow stakeholders to accurately monitor case flows and the increased number of corruption cases taken on by courts and public prosecutors` offices, among other activities.

The amendments to the Serbian Criminal Code and new Law on the Organization and Jurisdiction of State Organs in Fight against Organized Crime, Corruption and Terrorism Financing, which entered into force on March 1, 2018, have introduced new case management and reporting requirements in courts and public prosecutors` offices which also should be reflected in the changes to the accompanying bylaws (i.e. Court Rules of Procedure, Rulebook on Administration in Public Prosecutors’ Offices), as well as in the electronic case management systems. GAI proposes to hire an expert to provide an in-depth legal analysis of the existing legislation to identify necessary changes in the legislative framework and AVP, SAPO and SIPRES systems to improve case management and reporting for new set of corruption cases.

Tasks

The expert will undertake the following tasks:

  • Interview key stakeholders (Ministry of Justice, SCC, RPPO, Anti-Corruption Agency, etc) to assess the current legal framework in Serbia governing data collection in case management systems (AVP, SAPO, SIPES), in the view of the creation of an ERCC;
  • Provide detailed analysis of current reporting practices for the purposes of regular and ad hoc statistical reporting (i.e. the EU track record of corruption cases), in four specialized anti-corruption departments in Higher courts, Public Prosecutor Offices (Belgrade, Novi Sad, Nis, and Kraljevo), and misdemeanor courts, and work with interlocutors from institutions to identify future reporting requirements/improvements and caseload indicators;
  • Assess the quality of data collection in the existing case management systems (AVP, SAPO, SIPRES) and identify necessary improvements in order to support preparation of the reports as defined in task 2;
  • Analyze current data standardization catalogues in AVP, SAPO and SIPRES and propose their modification as per new reporting requirements on corruption cases;
  • Produce a report on methodology used to perform tasks, conclusions and recommendations.
  • Collaborate with other GAI consultants working on an ERCC to ensure required comparability of recommendations.
  • Briefings on progress and results as requested by USAID and GAI.

Period

The total level of effort for the task is not to exceed 40 days of work.

The work is anticipated to be completed during the period September - December 2018.

Deliverables

  • Plan for conducting activities and preparing deliverables;
  • Two multidisciplinary focus groups with the representatives of key stakeholders;
  • Final report including:
  1. Legal analysis of the current legal framework in Serbia governing data collection in case management systems (AVP, SAPO, SIPES), in the view of the creation of an ERCC;
  2. Detailed list of missing legal requirements regarding case registries, statistical and ad hoc reporting in four special anti-corruption departments in courts and public prosecutor`s offices in Belgrade, Novi Sad, Nis, and Kraljevo, with concrete proposals for legislative amendments on relevant bylaws (i.e. Court Rules of Procedure, Rulebook on Administration in Public Prosecutor`s Offices, etc).
  3. The comparative overview of differences between data that is required for preparation of the reports and indicators, and data that is currently collected through case management systems in courts (AVP, SIPRES) and public prosecutor offices (SAPO), regarding reporting on the new expanded set of corruption cases;
  4. List of concrete proposals for amending data standardization catalogues in AVP, SAPO and SIPRES case management systems in four special anti-corruption departments and misdemeanor courts.
  5. Methodology used to perform the tasks, conclusions based on legal analysis of laws in Serbia governing data collection for case management systems, comparative overview of difference between data currently collected and data required for preparation of case management reports and indicators, and recommendations for legislative amendments of relevant bylaws affecting data collection for case management systems, and amendments to data standardization catalogues in AVP, SAPO and SIPRES systems.

All deliverables should be prepared in both English and Serbian language.

Qualifications

This is a Mid-level (7+ years of experience) or Senior level position (10+ years of experience). In addition, the following qualifications are required:

  • Degree in law, preferably Master`s or equivalent;
  • Bar exam and previous working experience in judiciary or in public prosecution will be considered as an advantage;
  • Demonstrated familiarity with the case management systems applied in Serbian courts and public prosecutor` offices and related statistical reporting;
  • Excellent written and oral communication skills in English and Serbian.

About the Organization

Checchi and Company Consulting, Inc. (Checchi) has worked in international development for over 40 years. The company has operated in more than 140 countries, including a number of fragile states and post-conflict zones, and has implemented nearly 300 long-term contracts. Checchi’s principal areas of specialization include rule of law, anticorruption and monitoring and evaluation (M&E). Since launching one of the first international rule of law practices in the late 1980s, Checchi has provided technical assistance and training in the core areas of improving access to justice; court systems administration; legislative and policy reform; judicial training and legal education; public legal awareness; and security sector reform. The company has implemented a number of long- and short-term activities focused exclusively on anticorruption. In addition, many of Checchi’s rule of law projects have included significant anticorruption components and activities. Checchi’s M&E work encompasses projects in more than 50 countries and spans the spectrum of quantitative, qualitative, and mixed approaches to managing and evaluating performance.

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