The ESM is the crisis resolution mechanism for euro area countries. The ESM issues debt instruments in order to finance loans and other forms of financial assistance to euro area Member States.
The decision leading to the creation of the ESM was taken by the European Council in December 2010. The euro area Member States signed an intergovernmental treaty establishing the ESM on 2 February 2012. The ESM was inaugurated on 8 October 2012 and is based in Luxembourg.
We are currently looking for an experienced Legal Counsel, Lending and Banking with expertise in finance to join our Legal and Procurement division with a focus on work related to the business functions of Lending and Banking, and to work closely with the other legal counsel within the division. The successful candidate will report directly to the Head of Legal and Procurement.
- Advise on questions related to lending matters, in particular on questions related to financial assistance facility agreements with beneficiary Member States, ESM internal policies on financial assistance instruments and pricing, bank recapitalisation operations, backstop financing, and compatibility of ESM banking and lending operations with EU law (e.g. the Two-Pack Regulation, the Bank Recapitalisation and Recovery Directive, the Single Resolution Mechanism Regulation)
- Advise on questions related to regulatory matters, such as the legal framework applicable to credit institutions and other financial institutions and relevant case-law of the General Court and of the Court of Justice relevant to ESM/EFSF lending operations
- Manage transactions for ESM/EFSF lending and banking operations, such as disbursements, prepayments, waivers, and amendments. This may include drafting relevant legal documents, negotiating with counterparties, liaising with other institutions involved, and obtaining internal approvals
- Participate in beneficiary programme country team meetings and in the ESM/EFSF lending and banking decision-making processes
- Wherever relevant and to the extent time allows, support other legal counsel in other areas of their duties related to, for example, institutional or capital market matters
- Master’s degree or equivalent in law, with a specialisation in English law and practice within the European Union considered an advantage
- At least four of post-qualification relevant, international experience
- Transactional experience obtained in a law firm, financial institution, or a supranational institution or body
- Proven experience in drafting and reviewing documentation such as loan agreements and borrowing documents
- Fluent written and spoken English, and the ability to draft the highest quality legal documents in English. Fluency in any other languages of the ESM Members would be an advantage
- A good practical understanding of economics and finance
- Knowledge of public international law would be an asset
- Demonstrated ability to work with experienced finance or economics professionals, either as internal or external clients
- Ability to work quickly and accurately with attention to detail
- Analytical and problem-solving skills
- Proactive attitude and intellectual curiosity
- Organised, methodical, and pragmatic
- Excellent communication and persuasion skills (ability to explain legal matters and advice clearly and concisely to non-specialists)
- Team player with a proactive, ‘can do’ attitude
- Flexible attitude and ability to manage a variety of tasks
- Deadline for application: 26 April 2024
- Employment grade: Officer/Senior Officer
- Contract duration: Four years, with possibility of extension
- Place of employment: Luxembourg
- Current working arrangements: possibility to work remotely, usually up to two days a week, from Luxembourg and the border region (or from further away under certain conditions)
The ESM aims to provide equal opportunity to all candidates irrespective of their gender, nationality, age, race, culture, education, religious beliefs, sexual orientation, or disability. To further enhance the diversity of our workforce, we particularly encourage talents from underrepresented groups to apply.
Note 1: The ESM reserves the right to refrain from hiring, or to slightly modify job responsibilities, as needed.
Note 2: As a result of the selection process, please note that you may be placed on a ‘reserve list’ valid for a duration of six months during which you might be considered for a similar position with a similar level of requirements. Only those candidates who have been notified will be placed on the ‘reserve list’. After this period, you will need to apply again for our vacancies to be considered for a different selection process.
