Strengthening Afghan Administrative Law III

Concepts of administrative law do not lack a tradition in Afghanistan, although their application and development in recent decades would suggest otherwise. Binding and general rules for administration, enforced by the judicial system, are central to further the rule of law in Afghanistan.

This project aims at strengthening the capacity of the administration as an integral component of the executive branch and its accountability, particularly by developing administrative justice mechanisms. To this end, the analysts and researchers of the Max Planck Foundation deliver trainings for legal professionals and provide legal advice to ministries and governmental institutions in the process of drafting relevant laws and setting up administrative court structures.

As the basis for the realisation of the project activities, analysts and researchers in the Afghanistan team have produced a manual on administrative law in Afghanistan, which analyses the structure of the administration, its laws, underlying principles and possible mechanisms for the review of administrative actions. The project and the manual also place emphasis on anti-corruption laws, policies and mechanisms related to the work and processes of the administration. In earlier project phases, the manual was utilised to train over 1,400 civil service employees and law professionals from all provinces of Afghanistan on administrative law, with the overall aim of empowering the state administration to guarantee the safeguarding of citizens’ rights in administrative procedures. This series of trainings will be continued in 2015–2016 with a special focus on high-ranking officials.

Besides, previous activities resulted in the completion of a draft administrative procedure law, following technical legal advice and assistance of the Foundation’s analysts and researchers. The focus of the current project phase is being placed on the creation of an appropriate court infrastructure in accordance with the aspirations of the Afghan people and Afghan legal specialists in order to enhance oversight of administrative action.

Moreover, the project foresees systematic training of judges in administrative law. In 2015, manuals and other training materials will be developed for this purpose. The courses are expected to begin in the first half of 2016.

The Foundation’s legal analysts and researchers work in close cooperation with the Independent Administrative Reform and Civil Service Commission (IARCSC), the Ministry of Justice (MoJ) and the Supreme Court (SC) in the development of new laws and procedures related to the administration.

Duration

1 January 2015–31 December 2017

Funding