Commissioning a Study on the Participation of International Members in Selection Commissions for Selecting Heads of Ukrainian RoL Institutions

Description
The EU Anti-Corruption Initiative Phase 3 aims to contract expert(s) to commission a study with an analysis of the operations of the selection commissions for positions of the heads of Ukrainian Anti-Corruption institutions, HACC judges, and judicial selection and management bodies that operate with the participation of international experts (hereinafter – mixed selection commissions), evaluating their influence, challenges (including on the technical level), outcomes and developing recommendations on potential improvements. The study shall also look into the ways to ensure sustainable engagement of international experts – recommendations on how to possibly switch from ad-hoc model of attracting experts to pooling practices. 
The study shall also reflect on potential modalities of selection of heads of anti-corruption agencies, HACC judges and members of the judicial selection and management bodies which may be employed after the gradual phasing out of international members of selection commissions, as well as reflect on potential timeline for phasing out.
The study shall cover the following selection processes: 
• Selections of the Head of the NACP (2023-2024) 
• Selection of the Director of NABU (2022-2023) 
• Operations of the PCIE in the course of Selection of HACC judges (2018-2019 and 2024-ongoing)
• Operations of the Ethics Council for HCJ Members Selection (2021-2023)
• Operations of the Сompetition Commission for the selection of candidates for the positions of members of the HQCJ (2022-2023)
• Operations of the Advisory Group of Experts for assessment of moral qualities and level of professional competence of all candidates for the positions of judges of the Constitutional Court of Ukraine (2023-ongoing)
• Selection of the Director of ESBU (2024-ongoing)
• Selection of the head, deputy head and inspectors for the Service of Disciplinary Inspectors under HCJ.

The study shall cover the following key areas/research questions:
1. Review of Selection Processes
• Detailed review of the legal and procedural frameworks governing the selection of heads of NACP, NABU, SAPO, and judges of HACC.
• Examination of certain selection processes conducted to date. 
2. Impact Assessment
• Assessment of efficiency of the modality of conducting selection processes with the involvement of international experts for enhancing integrity, transparency, impartiality and public perception of the selection process. 
• Comparative analysis with selection processes for similar institutions in other countries with and without international participation (with the focus, but not limited to on Moldova, Albania, Serbia and Bosnia and Herzegovina).
3. Challenges and Barriers
• Identification of challenges faced by Selection commissions, Secretariats, ITA projects, including legal, procedural, logistical, and political barriers.
• Evaluation of the support mechanisms available to international members and their adequacy.
4. Stakeholder Perspectives
• Interviews and focus groups with key stakeholders, including ITAs, Ukrainian officials, CSOs, candidates, and international experts who participated in the selection processes. 
• Survey among CSO representatives as to the need and ways to engage international experts in selection processes, and potential modalities of selection of heads of anti-corruption agencies which may be employed after the gradual phasing out of international members.
• Analysis of stakeholder perceptions of the efficiency of selection commissions. 
5. Other questions
• Best ways to find and engage international qualified experts for selection commissions.
• Ways to ensure that Ukrainian experts engaged by the Cabinet of Ministers to Selection Commissions meet the eligibility criteria outlined in law.
• The support required by the international members of selection commissions and role of the secretariat in providing it.
• Ways to reduce the costs of involving international experts.
• Potential drawbacks and shortcomings related to the involvement of international experts in selection processes.
• Ways to optimize the cooperation between ITAs and donors funding the involvement of international experts.
6. Recommendations
• Actionable recommendations for improving practices or models for engaging international experts to ensure their timely and reliable engagement in selection commissions.
• Recommendations on operations of secretariats to selection commissions.
• Suggestions for policy, legal, and procedural reforms to address identified challenges and barriers (if applicable).
• Suggestions for possible modalities of recruitment of heads of anti-corruption agencies after a gradual phasing out of international experts in selection processes and reflections on the transitional process.

The indicative list of outputs and deliverables is: 
• Inception Report: the detailed work plan, methodology and proposed course of research action based on the guidance provided by the EUACI; timeline within two weeks of the commencement of the study.
• Draft Report: no later than end of May 2025.  
• Final Report: no later than end of June 2025.

The intended commencement of the contract is February 2025. The duration of this assignment is estimated to be around 4 calendar months, and the study is expected to take place between February and end of June 2025.

The total budget available for the assignment is DKK 522,269 (corresponding to approximately EUR 70,000).

Interested Consultants can request to get the instructions prepared for applicants by e-mail to the Contact person stated below

Contact point EUACI Kyiv
Contact person Iryna Shyba
Contact e-mail [email protected]

Criteria for selection 

A minimum of three and a maximum of five applicants with references best suited for the assignment will be invited to submit a tender.