16 October 2024

Negotiated procedure for a low value contract: Fundamental rights and the EU Corporate Sustainability and Due Diligence Framework - legal study

Closed

D-SE-24-T04
Negotiated procedure
The European Union Agency for Fundamental Rights (FRA or the Agency) carries out a
research project looking into fundamental rights aspects of the EU corporate sustainability
due diligence framework.

Open until :

30 October 2024 17:00
Publication date
16 October 2024

In pursuit of just transition into circular and green economy, the EU has introduced a number of legislative acts that directly address businesses, their conduct, activities and services. These legal and policy initiatives require that companies adjust their business practices towards sustainable economy, and introduce greater accountability, transparency and human rights compliance in their operations.

The objective of this contract is to provide an analytical study – a comprehensive overview and an in-depth legal analysis of the Directive on corporate sustainability due diligence (Directive 2024/1760, CSDDD) and the broader EU legal framework governing the business and human rights area, and in particular the human rights due diligence framework.

This study is a part of FRA’s wider project that seeks to analyse the legal and policy frameworks governing corporate sustainability in the EU and its Member States. This legal analysis will be contextualised, on the later stage of the research, through targeted expert consultations and interviews in six to eight EU Member States with inter alia national regulatory authorities / supervisory authorities, affected companies, auditors / consultants, legal practitioners, civil society, relevant experts and practitioners.

The contractor will be requested to prepare a comprehensive legal study, which will describe and critically examine the human rights due diligence framework set out under the CSDDD, and place it in the broader EU, international, and national context. It will provide critical analysis and insights to inter alia:

  • inform the understanding, interpretation and application of key legal concepts, 
  • identify gaps, inconsistencies, or areas for potential harmonisation or improvement in the regulatory landscape, 
  • outline pathways for an effective implementation with a view of achieving a high level of fundamental rights protection under the EU legal framework, and 
  • contribute to harmonised and effective application of this directive. 

The study should outline and engage with open legal questions that may further inform the transposition, implementation, and potential future review of the directive.

Technical and professional capacity

Candidates shall propose the profiles meeting at least the minimum selection criteria below:

Legal experts:

The authors should be legal experts in the field of business and human rights. They will be responsible for conducting the legal study including analysing relevant fundamental / human rights frameworks in relation to the corporate sustainability due diligence directive. The experts should have an in-depth understanding of international and EU human rights law and its application to business contexts.

Profile 1 - Lead Legal Expert in business and human rights

Minimum Qualifications and professional experience:

  • Advanced university degree in law (Master or equivalent and above);
  • Proven professional and/or academic experience of at least five (5) years in the area of business and human rights including knowledge of relevant EU legal framework, supported by at least three (3) relevant publications or projects on the subject matter covered by this legal study;
  • Excellent knowledge of English (Common European Framework of Reference – CEFR – level C2).
Profile 2 – Legal expert in business and human rights

Minimum Qualifications and professional experience:

  • Advanced university degree in law (Master or equivalent and above);
  • Proven professional and/or academic experience of at least two (2) years in the area of business and human rights including knowledge of relevant EU legal framework, supported by at least one (1) relevant publication or project on the subject matter covered by this legal study;
  • Excellent knowledge of English (Common European Framework of Reference (CEFR) level C2).

Additional experts can be proposed as part of the team by the contractor, if necessary.

Note: one of the two experts should take over the role of the contact point with the FRA.

No documents proving the fulfilment of these criteria are requested at this stage.

Participation in this negotiated procedure for a low value contract is open to natural and legal persons falling within the scope of the EU Treaties (this includes all economic operators established in the European Union) and to all natural and legal persons established in a third country which has a special agreement with the Union in the field of public procurement on the conditions laid down in that agreement. FRA is not part of the Agreement on Government Procurement (GPA) concluded within the World Trade Organisation. Therefore, the procurement procedure is not open to candidates from GPA countries.

If you would like to participate in this negotiated procedure, please register your interest by e-mail to procurement@fra.europa.eu, including your contact details (name, organisation, address, country and e-mail) before 30th October 2024 (17:00 Vienna local time).

Please note that registration of interest to participate in the above-mentioned procedure does not give rise to any legitimate expectations to be invited.