Senior Agent – Lawyer Commercial Law (FGIV)

Europol/2021/CA/FGIV/112

ORGANISATIONAL CONTEXT

This selection procedure is intended to establish a reserve list of successful candidates. It is envisaged to start using the reserve list in Q4 of 2021 or Q1 of 2022
Europol retains the right to make use of the reserve list to select candidates for similar posts within the organisation, should business needs require so.

Organisational setting:
The post of Senior Agent – Lawyer Commercial Law is located in the Commercial Law Team, Institutional & Legal Affairs Department, Governance Directorate.

The Governance Directorate is responsible for supporting and assisting Europol Management and the rest of the organisation by providing advice and maintaining strategic links with relevant EU bodies and law enforcement agencies of the Member States.

Maintaining close cooperation with other Directorates, particularly on key corporate matters and monitoring business planning and performance management, are also among the Executive Directorates' task.

Furthermore, the Governance Directorate is responsible to promote Europol's achievements in the media and among the general public and the representation of the organisation at internal and external meetings as well as ensuring Europol’s physical and data security

The Institutional and Legal Affairs Department deals with tasks central to Europol's corporate functioning. It is the interface between the organisation and the political sphere assisting Europol’s senior management with up-to-date information, legal and strategic assessments, managing external relations and preparing interactions with the Management Board and other stakeholders, as well as planning, monitoring and process functions.

The Commercial Law Team has a wide responsibility advising on any legal matters with budgetary or potential budgetary consequences. This diverse role spans all departments at Europol, and involves advising and interpreting the applicable legal framework, supporting contract managers in the implementation of contracts, drafting, negotiation and interpretation of contracts and agreements with commercial or non-commercial third parties, and service level agreements with EU entities and Dutch authorities. In addition, the Commercial Law Team advises on commercial aspects of intellectual property rights, and commercial agreements involving the allocation of risk and responsibilities (e.g. non-disclosure agreements and project consortium agreements). The Commercial Law Team supports other specialist teams such as Procurement, Finance, Data Protection Function, tenders and Grants Coordination by providing legal advice on specific issues e.g. conflict of interest rules, as well as templates e.g. for model framework contracts, or license agreements. It advises on legal escalation (including litigation) related to commercial agreements, tenders and grants. 

Reporting lines:
The post holder reports to the Head of the Commercial Law Team.

Equal opportunity
Europol is an equal opportunity employer. Europol accepts applications without distinction on grounds of gender, sexual orientation, national, ethnic or social origin, religion or beliefs, family situation, age, disability, or other non-merit factors. All employment decisions are based on business needs, job requirements and qualifications, experience and skills.
Europol lives diversity and provides an inclusive work environment to all. Europol strives to recruit, develop and retain a diverse and talented workforce through application of equal opportunity and impartiality.

FUNCTIONS AND DUTIES

Purpose of the post:
The purpose of the post is to provide Europol with legal services in the area of commercial law, in order to ensure compliance with statutory duties and to protect the best interests of the organisation. 

The post holder may also be involved in other areas of legal practice where necessary.

The post holder carries out the following main functions and duties:
•    Produce summaries and briefing notes addressed to senior management on topics relevant to commercial law;
•    Establish, review and interpret the legal framework applicable to commercial related obligations of Europol;
•    Provide legal support to procurement colleagues in relation to legal obligations and risks for complex tenders or in relation to points of law of relevance for tendering;
•    Interpret and provide advice on existing commercial contracts (extensions, amendments and agreements);
•    Draft and negotiate legal agreements in areas related to Europol’s tasks insofar as they involve use of EU budget or intellectual property rights.  This can include assessment of potential conflicts of interest, procurement obligations, grant principles and data protection obligations;
•    Prepare Europol’s defence in court cases before the General Court or the Court of Justice of the European Union in cases regarding procurement matters;
•    Any other duties in the area of competence as assigned by line management.

REQUIREMENTS - ELIGIBILITY CRITERIA

a. Candidates must
•    Be a national of one of the Member States of the European Union and enjoy full rights as a citizen;
•    Have fulfilled any obligations imposed by the applicable laws on military service;
•    Produce appropriate character references as to his or her suitability for the performance of the duties;
•    Be physically fit to perform the duties pertaining to the position (prior to appointment the successful candidate will be medically examined by one of the institution’s medical officers in order that the institution may be satisfied that the candidate fulfils the requirements of Article 12(2)(d) of the Conditions of Employment of Other Servants of the European Union (CEOS);
•    Produce evidence of a thorough knowledge of one of the languages of the Union and a satisfactory knowledge of another language of the Union to the extent necessary for the performance of the duties.

b. Candidates must have
•    A level of education which corresponds to completed university studies in law attested by a diploma when the normal period of university education is 3 years or more.

REQUIREMENTS - SELECTION CRITERIA

a.    Professional experience (assessed mainly during the shortlisting):
Essential: 
•    At least two years’ experience working on legal matters related to commercial law;
•    Experience interpreting, drafting and negotiating contracts.
Desirable:
•    Experience involving intellectual property rights and project documentation;
•    Experience related to data protection law;
•    Experience in matters related to EU financial regulation;
•    Experience in matters related to funding, notably grants;
•    Experience related to Dutch civil law. 
b.    Professional knowledge (assessed during the selection procedure - written test and/or interview)
Essential:
•    Comprehensive knowledge of commercial law (e.g. intellectual property rights, contract law, litigation);
•    Knowledge of key compliance issues (e.g. non-conflict of interest, adherence to public procurement obligations);
•    Commercial awareness.
Desirable: 
•    Training/certification in any of the areas of experience identified as desirable under 4a. above (data protection, grants, intellectual property law etc.).
c.    General competencies (assessed during the selection procedure – written test and/or interview)
Essential:
Communicating:
•    Very good communication skills in English, both orally and in writing;
•    Very good drafting skills and attention to detail. 
Analysing & problem solving:
•    Keen eye for detail with the ability to maintain standards of accuracy under pressure of tight deadlines;
•    Strong analytical and problem solving skills including the ability to anticipate potential problems, determine and implement solutions;
•    Competent user of Microsoft Office applications (MS Word, Excel, PowerPoint and Outlook) and the internet.
Delivering quality and results:
•    High degree of commitment and flexibility. 
•    High level of customer and service-orientation.
Prioritising and organising:
•    Good administrative and organisational skills.
Resilience:
•    Ability to work well under pressure, both independently and in a team;
•    Very good interpersonal skills, including the ability to effectively liaise with other departments, groups and teams as well as with external partners.
Living diversity:
•    Ability to work effectively in an international and multi-cultural environment.

SELECTION PROCEDURE

All applications for Contract Agent posts must be submitted through the online recruitment system accessible via Europol’s website

The Authority Authorised to Conclude Contracts of Employment (AACC) sets up a Selection Committee, composed of at least three members, consisting of one chair and at least one member from the Administration of Europol and one member designated by the Staff Committee.

The Selection Committee will assess the applications received in order to make an initial selection of those candidates meeting all eligibility criteria and matching best the selection criteria (suitability) set out in this Vacancy Notice. 

The minimum pass-mark for being shortlisted, i.e. invited to participate in a post-related selection procedure, consisting of a written test and a competency-based interview, is established as 60% of the total maximum score. 

The Selection Committee will shortlist the 5 highest scoring candidates. All candidates having a score equal to the 5th highest scoring candidate will be invited to take part in the selection procedure conducted remotely. At shortlisting stage, the Selection Committee will establish the pass-mark for the selection procedure.

After the selection procedure has taken place, the Selection Committee will establish a list of successful candidates, i.e. those scoring above the pre-defined pass-mark, which is shared with the AACC, for establishment of a Reserve list. A Reserve list is valid for 24 months.

Candidates who participated in the interview will be informed of the outcome, i.e. whether they have been successful or not.

The Selection Committee’s work and deliberations are confidential. It is forbidden for candidates to make direct or indirect contact with the members of the Selection Committee or for anyone to do so on their behalf. 

All enquiries related to a selection procedure should be addressed to the Europol Selection and Recruitment Team at the following email address: C2-12@europol.europa.eu. Detailed information on the selection procedure- including enquiries, measures of redress and their applicable deadlines is  available in the Europol Recruitment Guidelines, which can be found on Europol’s website.

COMPENSATION AND BENEFITS

The AACC shall classify contract staff in their function group taking into consideration their qualifications and professional experience at the time of entry into service.

FGIV
The basic monthly salary is: 
grade 13 (EUR 3,555.98), grade 14 (EUR 4,023.40) or grade 16 (EUR 5,150.62)

Grade    Qualifications and professional experience
13            Less than 5 years
14            Between 5 years and 17 years
16            More than 17 years

Staff pay EU tax at source but salaries are exempt from national taxes. Compulsory deductions are made for medical insurance, pension and unemployment insurance.  
Subject to the applicable conditions being met, as defined in the EU Staff Regulations (EUSR)/CEOS and further specified in the case law of the Court of Justice of the European Union, allowances such as expatriation allowance (16% of basic gross salary) or foreign residence allowance (4% of basic gross salary), household allowance, dependent child and / or education allowance may be granted.  

Staff enjoy worldwide insurance coverage by the Joint Sickness Insurance Scheme (JSIS) and are insured against sickness, the risk of occupational disease and accident.
Europol offers flexible working arrangements, a comprehensive provision for annual leave as well as parental leave supporting a healthy work-life balance.

Indicative net salary sample calculation: 
a) Staff member (single) in receipt of expatriation allowance (16%): for grade 13: EUR 3,943.02; for grade 14: 4,428.51, for grade 16: 5,555.04
b) Staff member with two dependent children in their custody in receipt of expatriation allowance (16%): for grade 13: EUR 5,568.48; for grade 14: 6,080.11, for grade 16: 7,295.30

The above information is indicative and for information purposes only. It is merely meant to give an indication of your possible net salary in light of the currently applicable amounts of the related allowances and the level of taxation. It has no legal value and no rights can be derived from it.  

The information is based on figures applicable as of July 2020.

TERMS AND CONDITIONS

Contract of employment
The successful candidate will be recruited as Contract Agent Function Group IV pursuant to Article 3(a) of the CEOS. 

The initial contract will be concluded for a fixed period of 4 years (full-time – 40 hours a week). The contract may be renewed, in principle, for a fixed period of 2 years. Any further renewal shall be for an indefinite duration.

In case of successive contracts under Article 3a) of the CEOS, the duration of the contract offered will be set in accordance with the provisions of the Decision of the Management Board of Europol of 4 October 2019 governing the conditions of employment of contract staff employed under the terms of Article 3a) thereof. 

Probation period
Engagement for this post is subject to the successful completion of a probationary period of 9 months. 
In case of successive contracts under Article 3a) of the CEOS, a candidate may be exempt from the requirement to serve another probationary period in accordance with  the provisions of the Decision of the Management Board of Europol of 4 October 2019 governing the conditions of employment of contract staff employed under the terms of Article 3a) thereof.
Europol reserves the right to terminate the contract of employment during or at the end of the probation period in accordance with Article 84 the CEOS.

Security screening and certificate of good conduct
Candidates who have been recruited to a post at Europol are required to furnish a valid certificate of good conduct before the start of their employment. The certificate of good conduct must be provided to Europol prior to the signature of the employment contract. The certificate of good conduct must be issued by the relevant authorities of the country of nationality of the candidate and must not be older than three months at the time of submission to Europol. Europol reserves the right not to proceed with the signature of the contract based on the content of the certificate or if the candidate fails to provide the certificate to Europol. 

The certificate of good conduct does not substitute a valid security clearance required for all Europol staff at the level indicated in the vacancy notice. Failure to obtain the requisite security clearance before the expiration of the probationary period may be cause for termination of the employment contract.

Candidates who currently hold a valid security clearance at the level indicated in the vacancy notice or above do not need to obtain a certificate of good conduct or a new security clearance and must provide a copy of the current security clearance certificate to Europol prior to the signature of the employment contract. Europol shall verify and confirm the continued validity of the security clearance. In case Europol determines that the security clearance is not valid, the candidate will be required to provide a valid certificate of good conduct prior to the signature of the employment contract. Europol may at any time terminate the employment contract if the result of the security screening is not positive and the necessary clearance level is not granted or extended. 

The requested level of security clearance for this post is: CONFIDENTIAL UE/EU CONFIDENTIAL 

For further information on terms and conditions, please consult the EUSR/CEOS available on Europol’s website.

ADDITIONAL INFORMATION

Conditions of engagement
Before the employment contract is concluded by Europol, the successful candidate will have to:
•   declare any conflict of interest;
• undergo a pre-employment medical examination to confirm that he/she is physically fit to perform the duties pertaining to the post or, alternatively, receive the confirmation from Europol that he/she fulfils the conditions laid down in the Decision of the Deputy Executive Director of the Capabilities Directorate on the pre-employment medical examination available on Europol’s website;

The place of employment will be The Hague, The Netherlands. 

Privacy Notice
Regulation (EU) 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, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC, applies to the processing of personal data carried out in the process of selection and recruitment of staff at Europol, following the application of this Regulation to all administrative personal data held by Europol in accordance with Article 46 of the Europol Regulation.

For additional information, please consult the applicable privacy notice inserted in the EUROPOL RECRUITMENT GUIDELINES available on Europol’s website

Statutory obligations upon leaving the service
Pursuant to Article 16 of the EUSR, EU officials and, by analogy, contract agents continue to be bound by the duty to behave with integrity and discretion as regards the acceptance of certain appointments or benefits after leaving the service. Those staff members intending to engage in an occupational activity within two years of leaving the service shall inform their institution, so that it may take an appropriate decision in that respect. In cases where the intended activity is related to the work carried out by the staff member during the last three years of service and could lead to a conflict with the legitimate interests of the institution, the decision to be taken may include forbidding the staff member from undertaking it or giving its approval subject to any conditions it thinks fit.

Main dates
Publication date:             30 September 2021
Deadline for application:  01 November 2021, 23:59 Amsterdam Time Zone
Recruitment procedure:   November 2021

Application process and selection procedure    
Please refer to the EUROPOL RECRUITMENT GUIDELINES available on Europol’s website for further details on the application process and the selection procedure. 

Contact details
For further details on the application process please call +31 (0) 70 353 1146 or +31 (0) 70 353 1154.

Apply

Deadline

01 November 2021, 23:59:59 CET

Contract type

Contract Agent

Unit/Group

G2 Institutional and Legal Affairs

Reports to

Head of the Commercial Law Team