Procurement procedure for legal advice, pre-litigation and litigation services in relation to EU Staff matters

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Description

The Agency presently employs staff members as temporary agents and contract agents and considers that it may, on occasion, require legal services from a law firm in relation to its employment conditions, namely the Staff Regulations of officials and the Conditions of Employment of other servants of the European Union (“EU Staff Regulations”), the Protocol (No 7) on the Privileges and Immunities of the European Union , other provisions applicable to staff members but also on other matters which may arise in relation to employment conditions of staff (collectively referred to “EU staff matters”). Staff members have the right to lodge appeals and complaints against administrative decisions taken by the Agency under these Regulations. Staff members may also make appeals to the European Court of Justice or the Ombudsman. The Agency may also require legal services in relation to such appeals, complaints or disputes. In light of the foregoing, the Agency seeks to conclude multiple framework contracts (FWC) for the services of external lawyers who hold particular knowledge in EU staff matters, to predominantly cover the provision of: 1) legal advice in relation to the interpretation and implementation of the provisions of the Staff Regulations of Officials and Conditions of Employment of Other Servants of the European Union (“EU Staff Regulations”); the Protocol (No.7) on the Privileges and Immunities of the European Union; other provisions applicable to staff members; and other matters which may arise in relation to employment conditions of staff (“collectively referred to “EU staff matters”), and 2) pre-litigation and litigation services to represent the Agency before the EU Courts, as well as for the provision of legal advice in pre-litigation and litigation stage in relation to staff cases pursuant to “EU staff matters”. It is emphasised that (a) “pre-litigation services” shall be understood as cases where legal advice is given in the preparation of arbitration or conciliation or judicial proceedings, or where there is tangible indication and high probability that the matter to which the legal services relate will become the subject of arbitration or conciliation or judicial proceedings, and (b) this procurement procedure includes legal representation of the Agency before EU Courts (ECJ) as well as the provision of legal advice in pre-litigation and litigation stage in relation to staff cases. The Agency wishes to award up to a maximum of two suitably qualified and experienced law firms, in priority order, predominantly covering the provision of legal advice but also pre-litigation and litigation services in relation to EU staff matters for an initial period of one year, with three possible renewals, each of twelve months. In the context of this procedure, “Law firm” shall be understood as comprising practising lawyers as individuals and “pre-litigation cases/matters” shall be understood as cases where legal advice is given in the preparation of arbitration or conciliation or judicial proceedings, or where there is tangible indication and high probability that the matter to which the legal services relate will become the subject of arbitration or conciliation or judicial proceedings. The law firm would be required to participate in related meetings, usually by teleconference, and discussions as deemed necessary, assist with the preparation of documents for written procedures and oral hearings and ensure submission by e-curia or other appropriate means, represent the Agency at hearings, advise and draft replies to complaints and other correspondence as required.

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