Legal Advisor
🔍 Belgium
- 📅
- 240424 Requisition #
General Background:
SHAPE, the Supreme Headquarters Allied Powers Europe, is the Headquarters of Allied Command Operations (ACO), one of the two major military commands of the North Atlantic Treaty Organisation (NATO). ACO safeguards an area extending from the northern tip of Norway to the eastern border of Turkey. This equates to nearly two million square kilometres of land, more than three million square kilometres of sea, and a population of about 320 million people.
POST DESCRIPTION:
Location: Casteau/Mons, 60 Km south of Brussels (Belgium)
Division: OLA
Post Context/Post Summary
Supreme Headquarters Allied Powers Europe (SHAPE) provides an integrated Strategic Effects framework, employing a multi-domain and multi-region focus to create a 360-degree approach, with the flexibility to enable, upon direction, a seamless transition from Baseline Activities and Current Operations (BACO) up to the Maximum Level of Effort (MLE). SHAPE supports SACEUR in fulfilling his terms of reference, as directed by the North Atlantic Council.
The Office of Legal Affairs (OLA) provides full spectrum expert legal advice, technical guidance and other legal assistance to SACEUR, the SHAPE Command Group and ACO Staff.
The Office of Legal Affairs (OLA) provides general staff support, coordination, management, administrative service, and specialists' advice to SACEUR, DSACEUR and COS. The OLA is responsible for providing advice, guidance and information of a legal nature to SACEUR, SHAPE staff and to the Legal Advisors of subordinated HQs, in all relevant matters of national or international nature.
Principal Duties
The incumbent's duties are:
1. Determining the applicability of host nation laws to plans, policies and objectives of SHAPE and ACO.
2. Determining the applicability of host nation laws to the contracts, local employment and similar non–tactical objectives related to military field operations.
3. Interpreting and determining the applicability of directives, policies and regulations emanating from NATO HQ.
4. Participating in the resolution of legal issues in the areas of the host nation public international and administrative law.
5. Participating in negotiations of agreements and arrangements on behalf of SHAPE its subordinate headquarters and, when delegated, on behalf of NATO with NATO and non-NATO countries, and International Organisations (IOs), when delegated.
6. Providing advice and assistance concerning the acquisition, use and dispositions of property, irrespective of the nature of the funding, as well as services. Setting legal policy with respect to fraude and corruption.
7. Providing advice regarding NATO contracting and host nation's laws and regulations related thereto.
8. Serving as the principal office point of contact for European Union matters of non-operational nature.
9. Technically supervising the Director of the Central Processing Branch on all legal aspects on the implementation of determining the legal status of personnel at the SHAPE campus, their entitlements or privileges and immunities and registration. He/she will also supervise agreements, arrangements and policies in regard to all personnel having access to the SHAPE Installations.
10. Serving as the subject matter expert on all legal or regulatory issues related to NATO international civilian employee (NIC) and other staff members (status, privileges and immunities, registration issues, deployment, recruitment, termination, etc).
11. Setting the legal strategy and provides legal advice on issues involving SHAPE´s presence on the SHAPE Domain.
12. Acting as the OLA primary point of contact on issues related to tenant organizations housed on the SHAPE Domain (SHAPE International School, SHAPE Health Clinic, national support units, current and future partnership coordination cells, etc.).
13. Serving as the OLA subject matter expert with regard to all legal issues that pertain to the vast number of socio-recreational activities that operate under the SHAPE Morale and Welfare activities (MWA).
14. Providing legal guidance and serving as legal advisor to Complaints Committees, under the NATO Civilian Personnel Regulations, and, in the event a complaint cannot be resolved at HQ level , represents SACEUR or, by delegation, any other ACO Commander before the NATO Appeals Board.
15. Providing legal guidance and serving as legal advisor in Administrative Board of Inquiries within SHAPE and in ACO HQs.
16. Serving as the subject matter expert on host nation labour law cases involving SHAPE as the employer of Local Wage Rate (NATO common-funded) and Local Wage Scale (SHAPE MWA funded) personnel.
17. Serving as a member of various SHAPE boards and committees aimed at management and policy development.
18. Proposing changes /amendments to NATO, Bi-SC, ACO and SHAPE regulations when legal anomalies or incongruence are observed during their implementation. Incumbent also reviews NATO, Bi-SC, ACO and SHAPE directives and regulation for clarity, consistency and legal sufficiency.
19. Reviewing third party claims against SHAPE and supervising affirmative claims SHAPE has against third parties.
20. Reporting on suitability of external counsel to represent SHAPE and subordinate Headquarters in any labour law or other civil litigation, as well as criminal actions brought against SHAPE or its personnel for acts or omissions arising from the performance of their official duties.
21. Assisting retained counsel in case preparation and representation in court. When required and if authorized to do so, formally pleads before the Belgian Federal State Council.
22. As required, backs up the OLA International Law and Operational Law Offices. Legal authority is held: Advice given to the commander and his staff will commit the forces assigned to the Commander to actions for which NATO will be held legally accountable. Advice given to the commander and his/her staff will commit NATO and/or the HQ to locally required LOA's, HN MOU's, purchasing contracts, and employment contracts. Decision authority is held: Decisions made regarding the nature of the professional guidance and advice to the Command Group and to the Staff of the HQ will affect decisions that will commit the command within NATO to a course of action.
Special Requirements and Additional Duties
The incumbent may be required to undertake deployments in support of military operations and exercises, and/or TDY assignments, both within and without NATO boundaries up to 180 days. The employee may be required to perform a similar range of duties elsewhere within the organization at the same grade without there being any change to the contract.”
The risk of injury is categorised as No risk / risk might increase when deployed.
Essential Qualifications
a. Professional/Experience
At least ten years´ general legal experience with solid background in public international, administrative and labour law.
b. Education/Training
University degree in Law or related discipline and 10 years post related experience, or Higher secondary education and completed advanced vocational training in that discipline to a professional qualification or professional accreditation with 15 years post related experience.
c. Language
English - SLP 4343 - (Listening, Speaking, Reading and Writing)
French - SLP 3333 - (Listening, Speaking, Reading and Writing)
Desirable Qualifications
a. Professional Experience
1. Legal experience in public international law, administrative law, labour law, and contracts law to include familiarity with NATO SOFA issues.
2. Sound knowledge of the NATO and ACO structure, organisation and mission.
3. Previous experience in a military headquarters or international organisation.
b. Education/Training
1. An advanced degree in law (e. g. Masters’ degree) above basic law degree.
2. Advanced training in Law of Armed Conflicts.
3. NATO Legal Advisor Course (LGL-LE-2688) provided by NATO - School Oberammergau (NSO) or equivalent.
4. NATO Host Nation Support Course (LOG-LG-2707) provided by NATO - School Oberammergau (NSO) or equivalent.
5. NATO-ACO Contingency Contracting Course (FIN-FI-31823) provided by NATO - School Oberammergau (NSO) or equivalent.
c. Language
French 4444
Attributes/Competencies
• Personal Attributes: The Head of the OLA Legal Management Office must be an experienced lawyer demonstrating technical competence, maturity and ability to work under pressure. The incumbent is expected to set legal strategy in support to the Director of the OLA and, when appropriate, in support of the COS and three/two-star generals with little or no supervision and must be adapted at developing modifications to agreements, arrangements and policies that have presented legal anomalies and incongruence during their implementation.
Incumbent must take due account, in his/her legal analysis and strategy, of political realities as well as laws and regulations. The incumbent is expected to approach problem solving with, as required, a comprehensive inter-disciplinary knowledge of laws and regulations as well as a credible originality/creativity in those instances where precedents are unavailable or counterproductive. Incumbent must be able to deal with a myriad of issues, not always from a purely legal standpoint, exercising a high order of tact, diplomacy and vision. Must be able to work without direct supervision with regard to issues involving legal or administrative matters related to the host country. In other areas of technical expertise or responsibility, must be able to work with minimal supervision taking due and appropriate note and guidance from established NATO/Bi-SC/ACO/SHAPE policies and regulatory documents and any issue –specific guidance stemming from SHAPE’s Command Group.
• Managerial Responsibilities: Issuing legal binding opinions, direction and guidance to the 33 Legal Offices of the Subordinate HQs in legal management related issues.
• Professional Contacts: Routinely reports to the Director of the OLA (or his/her deputy) and directly interrelates with members of the SHAPE staff and Command Group, also with SHAPE senior staff at the two-star level and, occasionally, above. Contacts, outside the SHAPE staff, are principally with National Military Representatives to SHAPE, legal officials in other NATO bodies and national administrations, senior officials of various ministries of NATO and non-NATO countries and officials of the EU. Interacts with lawyers in national or international courts and in the NATO international administrative tribunal, the NATO Appeals Board.
• Contribution to Objectives: The post is the head of the OLA Legal Management Office and contributes to mobilising the development and establishment of a SHAPE position on legal issues relating to SHAPE activities in the host nation. Participates with creativity and innovative solutions in the development of command positions providing comprehensive legal advice that effectively controls the decision-making process with regard to host nation issues and identifying legal obstacles that may jeopardize ACO and SHAPE objectives. With regard to the decision-making calculus, evaluates whether recommended action is or is not legal or legally defensible in case no action contravenes a treaty, law or regulation will be sufficient to stop the action while incumbent explores alternative approaches that can lawfully meet the objective.
The above involves high-sensitive negotiations with senior representatives with many issues being precedent-setting which may have significant impact on SHAPE and the SHAPE community.
REMARKS:
Duration of contract: Serving staff members will be offered a contract according to the NATO Civilian Personnel Regulations (NCPR). Newly recruited staff will be offered a definite duration contract of three years normally followed by an indefinite duration contract.
The salary will be the basic entry-level monthly salary defined by the NATO Grade of the post, which may be augmented by allowances based on the selected staff member’s eligibility, and which is subject to the withholding of approximately 20% for pension and medical insurance contributions.
NATO is committed to diversity and inclusion, and strives to provide equal access to employment, advancement, and retention, independent of gender, age, nationality, ethnic origin, religion or belief, cultural background, sexual orientation, and disability. NATO welcomes applications of nationals from all member Nations.
Building integrity is a key element of NATO’s core tasks. As an employer, NATO values commitment to the principles of integrity, transparency, and accountability in accordance with international norms and practices established for the defence and related security sector. Selected candidates are expected to be role models of integrity, and to promote good governance through ongoing efforts in their work.
Applicants who prove to be competent for the post but who are not successful in this competition may be offered an appointment in another post of a similar nature, which might become vacant in the near future, albeit at the same or lower grade, provided they meet the necessary requirements.
HOW TO APPLY FOR A NATO CIVILIAN POST AT SHAPE:
Applications are to be submitted using NATO Talent Acquisition Platform (NTAP) (https://nato.taleo.net/careersection/2/jobsearch.ftl?lang-en). Applications submitted by other means (e.g. mail, e-mail, fax, etc) are not accepted.
More information to be found on these links:
Shortlisted candidates will be requested to provide original documentary evidence and a set of copies supporting statements in their applications. Appointment is subject to obtaining a NS security clearance and a medical certificate.
Remarks:
A) Only nationals from the 32 NATO member states can apply for vacancies at SHAPE.
B) Applications are automatically acknowledged within one working day after submission. In the absence of an acknowledgement please make sure the submission process is completed, or, re-submit the application.
C) Qualified redundant staff of the same grade interested in this post should inform this office, via their HR/Personnel Office by not later than vacancy’s closing date.
D) Candidates’ individual telephone, e-mail or telefax enquiries cannot be dealt with. All candidates will receive an answer indicating the outcome of their application.