eu-LISA - European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice

Legal Officer

eu-LISA - European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice

Tallinn, Estonia

Ref. No: eu-LISA/20/TA/AD5/7.1
Sector/Unit/Department: Legal Sector/Corporate Services Department
Function Group/Grade: Temporary Agent/AD5/Administrator
Starting date: asap
Level of Security Clearance: CONFIDENTIEL UE/EU CONFIDENTIAL
Closing date for applications 31 August 2020 23:59 EEST and 22:59 CEST

1. INFORMATION ABOUT THE AGENCY

Applicants are invited to apply for the above-mentioned post at the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (hereinafter referred to as “eu-LISA” or “Agency”). eu-LISA was established in 2011 and its revised Regulation entered into force on 11 December 2018.

The seat of eu-LISA is Tallinn, Estonia. Tasks related to development and operational management of the current and future systems are carried out in Strasbourg, France. euLISA also has a backup site in Sankt Johann im Pongau, Austria and a Liaison Office in Brussels, Belgium. eu-LISA is responsible for the long-term operational management of the European Asylum Dactyloscopy Database (Eurodac), the Schengen Information System (SIS) and the Visa Information System (VIS).

These systems are essential for the normal functioning of the Schengen Area, for the efficient management of its external borders as well as for the implementation of common EU asylum and visa policies. With a view to further improving the management of the external borders, and in particular, to verify compliance with the provisions on the authorised period of stay on the territory of the Member States, the European Entry/Exit System (EES) is being developed by the Agency. As of 9 October 2018, the Agency is entrusted with the development and operational management of the European Travel Authorization and Information System (ETIAS). As of 11 June 2019, the Agency has also been entrusted with the centralised system for the identification of Member States holding conviction information on third country nationals and stateless persons (TCN) to supplement and support the European Criminal Records System (ECRIS), and the development of interoperability solutions between large-scale IT systems.

The core task of eu-LISA is to ensure the effective, secure and continuous operation of said IT-systems. The Agency is also responsible for taking the necessary measures to ensure the security of the systems and the security of the data therein.

Beyond these operational tasks, eu-LISA is responsible for reporting on the usage and the performance of the IT systems the Agency operates, organising specific training sessions on the technical use of the systems, implementing pilot schemes upon specific and precise requests of the European Commission and the monitoring of research relevant for the operational management of the systems.

Information about the Agency can be found on the eu-LISA website: https://www.eulisa.europa.eu/.

2. THE LEGAL SECTOR WITHIN THE CORPORATE SERVICES DEPARTMENT

The Corporate Services Department (CSD) is mainly responsible for managing and coordinating the resource administration of eu-LISA, including human resources management, finance and procurement services as well as general support and corporate IT services. The department is the link between eu-LISA’s core and support functions and ensures the smooth operation of the Agency.

3. DUTIES

Under supervision of the Senior Legal Officer and reporting to the Head of CSD, the Legal Officer will be providing legal advice and support in the areas of European Union law. The tasks of the Legal Officer will include, amongst others, the following:

  • Ensuring the proper interpretation and implementation of all primary and secondary legislation, guidelines and internal rules applicable or pertaining to the eu-LISA activities and providing the related advice both orally and in writing;
  • Acting as legal counsel to staff members and the Management, and providing legal advice on administrative issues including Staff Regulations and CEOS, implementing rules of the Staff Regulations and financial rules and regulations;
  • Drafting and reviewing documents such as internal Executive Director decisions and/or Management Board decisions (Corporate Governance) and agreements with other international organizations;
  • Providing legal advice on the contractual matters and, if needed, in matters related to the procurement procedures;
  • Drafting and presenting legal opinions, briefs, reports and correspondence on any legal issue referred for consideration;
  • Contributing to the drafting of defences in legal proceedings involving or relating to eu-LISA`s mission or activities and to handling of court cases and keeping abreast of developments in relevant sectors of law, including jurisprudence of the General Court and the European Court of Justice;
  • Monitoring and analysing developments of European Union case law impacting on the operations of the eu-LISA;
  • Presenting and explaining legal positions at internal meetings;
  • Undertaking, as appropriate, consultation with external resources, such as external lawyers and officers in European Union Institutions, EU Agencies and Member States;
  • Preparing replies to requests to access documents and confirmatory applications;
  • Acting as operational initiating agent (OIA) for legal services contracts and preparing the procurement documents;
  • Ensuring the back-up function and guaranteeing business continuity of the legal function;
  • Archiving all documents in an organized fashion and in line with the internal instructions by the Senior Legal Officer;
  • Performing any other tasks assigned by the Senior Legal Officer/Head of CSD. Occasionally, the Legal Officer may be requested to deal with issues related to the interpretation of the Data Protection related legislation.

4. QUALIFICATIONS AND EXPERIENCE REQUIRED

4.1. Eligibility criteria

Applicants will be considered eligible for recruitment and selection on the basis of the following formal criteria which need to be fulfilled by the deadline for applications:

4.1.1. he/she has a level of education which corresponds to completed university studies of at least three years attested by a diploma;

N.B. Only qualifications that have been awarded in EU Member States or that are subject to the equivalence certificates issued by the authorities in said EU Member States shall be taken into consideration.

4.1.2. he/she is a national of one of the Member States of the Union, Norway, Iceland, Liechtenstein or Switzerland and enjoys his/her full rights as a citizen;

4.1.3. he/she has fulfilled any obligations imposed on him/her by the laws concerning military service;

4.1.4. he/she produces the appropriate character references as to his/her suitability for the performance of his/her duties;

4.1.5. he/she is physically fit to perform his/her duties; and

4.1.6. he/she produces evidence of a thorough knowledge of one of the languages of the Union and of a satisfactory knowledge of another language of the Union to the extent necessary for the performance of his/her duties.

4.2. Selection criteria

Suitability of applicants will be assessed against the following criteria in different steps of the selection procedure.

4.2.1. Professional experience and knowledge

  • Completed university degree in law (at least three years);
  • Proven international professional experience of at least one (1) year in a legal function obtained in either the private or preferably international public sector, or in providing legal service to such entities;
  • Knowledge of the EU institutional framework, in particular the public procurement law and/or the Staff Regulations and the CEOS and/or the legal operational framework of the systems that the Agency operates, obtained through professional experience;
  • Solid knowledge in the field of European Union law as shown by studies and/or professional experience;
  • Proven knowledge of the case-law of the Court of Justice of the European Union, the General Court and courts relevant to the work of the Agency;
  • Excellent knowledge of English, both spoken and written, at least at level C1 or above.

4.2.2. The following attributes would be advantageous

  • Postgraduate degree in law;
  • Familiarity with intellectual property rights and/or information technology (IT) law;
  • Excellent knowledge of French, both spoken and written, at least at level C1 or above.

4.2.3. Personal competencies

  • Ability to work within a multinational and multidisciplinary team in an international environment;
  • Ability to analyse and break down a problem into logical components and to identify potential mitigating action including the ability to anticipate the results of actions taken;
  • Ability to communicate efficiently and unambiguously in a way that the receiver effectively understands the message including the ability to express oneself verbally in interactions with others as well as in business writing, drafting and reporting;
  • Ability to plan and organise in a structured manner, maintaining a clear overview of task completion as well as to set priorities with respect to own work and planning actions accordingly to ensure that deadlines are achieved.

Because English is the working language of eu-LISA and because the successful applicant will be requested to immediately be operational, the recruitment procedure will be performed in English and all communication with applicants will be held in English.

5. INDEPENDENCE AND DECLARATION OF INTEREST

The selected applicant for the post will be required to make a declaration of commitment to act independently in eu-LISA`s interest and to make a declaration in relation to interests that might be considered prejudicial to his/her independence.

6. EQUAL OPPORTUNITIES

eu-LISA applies an equal opportunities policy and accepts applications without distinction on grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.

7. SELECTION PROCEDURE

The selection procedure includes the following steps:

  • A Selection Committee designated by the Appointing Authority (`the Executive Director of eu-LISA`) is set up for the selection procedure;
  • Each application is checked to verify whether the applicant meets the eligibility criteria;
  • All the eligible applications are evaluated by the Selection Committee based on a combination of certain selection criteria defined in the vacancy notice. The information given by the applicant in the selection criteria checklist in their application on the e-Recruitment platform is vital for the screening phase and candidates are requested to support their candidacy with adequate, concise examples from their work, especially if it is not directly addressed in the duties listed in the application under professional experience. Some criteria will be assessed only for invited applicants during interviews and tests. Certain selection criteria may be assessed jointly and some criteria may be assessed in two or more stages of the selection procedure;
  • The Selection Committee will screen the application with reference to the above mentioned eligibility criteria as well as to the professional, advantageous and personal competencies selection criteria and will, on the basis of these findings, establish a longlist of not more than twenty five (25) candidates. Only those bestqualified candidates (up to 25), who obtained the highest number of points, will be invited for a preliminary interview via Skype or via any other electronic videoconferencing tool;
  • Up to the fifteen (15) best-qualified applicants from the preliminary interview phase, who obtained the highest number of points, will be invited for a shortlist interview, which will be complemented by a written competency test. 15 The shortlist interview and written test will take place in Tallinn, Estonia;
  • Please be informed that due to the current COVID-19 situation, the Selection Committee is authorised to carry out the interviews and written tests remotely or not to carry out the written tests according to the applicable rules. Further information on the organisation of the interviews will be provided upon invitation;
  • During the interview phase, the Selection Committee examines the profiles of applicants and scores the applicants in accordance with the selection criteria;
  • In order to be included in the reserve list, an applicant must receive at least 60% of the maximum points from the evaluation of the interview and the written test phase. There is no maximum number of candidates to be included in the Reserve List;
  • The interview and the written test are conducted in English. In case English is the mother tongue of an applicant, some interview questions or test questions may be asked in the language they indicate on the application form as their 2nd EU language;
  • After the interviews and tests, the Selection Committee draws up a non-ranked list of the most suitable candidates to be included in a reserve list for the post and proposes it to the Appointing Authority. The Selection Committee may also propose to the Appointing Authority the best suitable candidate to be engaged for the post;
  • The Appointing Authority chooses from the reserve list an applicant whom to engage for a job;
  • The reserve list established for this selection procedure will be valid until 31 December 2023 (the validity period may be extended);
  • Applicants placed on the reserve list may be engaged for a job for the same or a similar post depending on the needs of eu-LISA and its budgetary situation, as long as the reserve list is valid;
  • Each applicant invited for an interview will be informed whether or not he/she has been placed on the reserve list. Applicants should note that inclusion in a reserve list does not guarantee engagement.

Please note that the Selection Committee’s work and deliberations are strictly confidential and that any contact with its members is strictly forbidden.

8. ENGAGEMENT AND CONDITIONS OF EMPLOYMENT

The selected applicant will be engaged by the Authority Authorised to Conclude Contracts of employment (`eu-LISA`s Executive Director`) from the established reserve list.

For reasons related to eu-LISA’s operational requirements, once the applicant receives an engagement offer, he/she may be required to confirm their acceptance of the offer in a short time, and be available to start the contract at short notice (1 to 3 months).

The successful applicant will be engaged as Temporary Staff, pursuant to Article 2(f) of the Conditions of Employment of Other Servants of the European Communities (CEOS). The Temporary Staff post will be placed in Function Group AD, Grade 5 in the first or second step, depending on the length of professional experience.

The pay of staff members consists of a basic salary in EUR weighted by the correction coefficient (for Tallinn, Estonia 83.3 %) and paid in EUR.

In addition to the basic salary, staff members may be entitled to various allowances depending on their personal situation.

eu-LISA staff members pay an EU tax at the source and deductions are also made for medical insurance, pension and unemployment insurance. Salaries are exempt from national taxation.

Staff members may also be entitled to the reimbursement of removal costs and an initial temporary daily subsistence allowance.

eu-LISA staff members are entitled to annual leave of two working days per each complete calendar month of the service. There are on average 19 Public Holidays per year.

Throughoutthe period of service staff members participate in the EU pension scheme. The pension is granted after completing a minimum of 10 years' service and reaching the pensionable age. Pension rights acquired in one or more national schemes before starting to work at eu-LISA may be transferred into the EU pension system.

eu-LISA staff members are covered 24/7 and worldwide by the Joint Sickness Insurance Scheme (JSIS). Staff is insured against sickness, the risk of occupational disease and accident as well as entitled to a monthly unemployment allowance, the right to receive payment of invalidity allowance and travel insurance.

The initial duration of the contract is five years including a probationary period of nine months, with the possibility of contract renewal for another period not exceeding five years. Second renewal would be indefinite.

eu-LISA reserves the right to offer similar employment contracts of a shorter duration than five (5) years in accordance with the business needs of the Agency. In this case, the Agency will contact the person in the Reserve List and ask in writing his/her interest in such contractual arrangement.

All selected applicants will need to have, or be in a position to obtain, a valid Personnel Security Clearance Certificate (CONFIDENTIEL UE/EU CONFIDENTIAL level).

A Personnel Security Clearance Certificate (PSCC) means a certificate issued by a competent authority establishing that an individual is security cleared and holds a valid national or EU PSC, which shows the level of EU Classified Information (EUCI) to which that individual may be granted access (CONFIDENTIEL UE/EU CONFIDENTIAL or above), the date of validity of the relevant PSC and the date of expiry of the certificate itself.

Applicants who currently hold a valid security clearance shall provide a copy of the security clearance to eu-LISA and specify the issuing authority, level and date of expiry. In case the validity of the security clearance expires within six months, the renewal procedure will be initiated expeditiously.

Note that the necessary procedure for obtaining a PSCC can be initiated on request of the employer only, and not by the individual applicant.

Failure to obtain the required security clearance certificate from the successful applicant`s National Security Authority, either during or after the expiration of the probationary period, will give the right to eu-LISA to terminate any applicable employment contract.

9. PROTECTION OF PERSONAL DATA

eu-LISA ensures that applicants' personal data is processed in accordance with Regulation (EU) No 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data.

Please note that eu-LISA will not return applications to the applicants.

The legal basis for the selection procedures of Temporary Staff (TA 2 f) are defined in the Conditions of Employment of Other Servants of the European Communities.

The purpose of processing personal data is to enable selection procedures.

The selection procedure is conducted under the responsibility of eu-LISA's Human Resources Unit (`HRU`). The controller, in practice, for personal data protection purposes is the Head of the Human Resources Unit.

The information provided by the applicants will be accessible to a strictly limited number of HRU staff members, to the Selection Committee, and, if necessary, to the Executive Director, Security and/or the Legal Officer of eu-LISA.

Almost all fields in the application form are mandatory; the answers provided by the applicants in the fields marked as optional will not be taken into account to assess their merits.

Processing begins on the date of receipt of the application. Our data storage policy is as follows:

  • for applications received but not selected: the paper dossiers are filed and stored in archives for 2 (two) years after which time they are destroyed;
  • for applicants placed on a reserve list but not recruited: data is kept for the period of validity of the reserve list + 1 (one) year after which time it is destroyed;
  • for recruited applicants: data is kept for a period of 10 (ten) years as of the termination of employment or as of the last pension payment after which time it is destroyed.

All applicants may exercise their right of access to and rectification or erasure of their personal data or restriction of processing.

In the case of identification data, applicants can rectify the data at any time during the procedure. In the case of data related to the admissibility criteria, the right of rectification cannot be exercised after the closing date of applications` submission.

Any substantiated query concerning the processing of his/her personal data should be addressed to the HRU of the Agency at eulisa-RECRUITMENT@eulisa.europa.eu.

Applicants may have recourse at any time to eu-LISA’s Data Protection Officer dpo@eulisa.europa.eu and/or the European Data Protection Supervisor (edps@edps.europa.eu).

10. APPEAL PROCEDURE

If an applicant considers that he/she has been adversely affected by a particular decision, he/she can lodge a complaint under Article 90(2) of the Staff Regulations of Officials of the European Union and Conditions of employment of other servants of the European Union, to the following address:

eu-LISA
(European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice)
Vesilennuki 5
10415 Tallinn, Estonia

The complaint must be lodged within 3 (three) months. The time limit for initiating this type of procedure starts from the time the applicant is notified of the act adversely affecting him/her.

11. APPLICATION PROCEDURE

In order for an application to be valid and considered eligible, the applicant is required to create an account in eu-LISA e-Recruitment tool, fill in the personal and CV information as well as eligibility and selection criteria checklists.

If you wish to apply for a position at eu-LISA, you must apply to a vacancy via the eRecruitment tool. eu-LISA does not accept applications submitted by any other means (e.g. e-mail or post), or any speculative applications.

The closing date for submission of applications is: 31 August 2020 at 23:59 EEST (Eastern European Summer Time) and 22:59 CEST (Central European Summer Time).

Applicants are strongly advised not to wait until the last day to submit their applications, since heavy internet traffic or a fault with the internet connection could lead to difficulties in submission. eu-LISA cannot be held responsible for any delay due to such difficulties.

Once the applications have been received by eu-LISA e-Recruitment tool, applicants will receive an automatic acknowledgement message by e-mail confirming the receipt of the application.

Please note that if at any stage of the selection procedure it is established that any of the requested information provided by an applicant is false, the applicant in question will be disqualified.

In case of any queries about the selection process, please contact us via e-mail: eulisa-RECRUITMENT@eulisa.europa.eu.

You will be requested to supply documentary evidence in support of the statements that you make for this application if you are selected for further steps of the selection procedure.

Please note that the time period between the closing date for applications submission and the end of the short listing applicants for the interview may take up to several months.

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© EuroJobsites 2020

EuroJobsites is a registered company number: 4694396 VAT number: GB 880 9055 04

Registered address: EuroJobsites Ltd, Unit 8, Kingsmill Business Park, Kingston Upon Thames, London, KT1 3GZ, United Kingdom

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