Improving the Afghan Legislative Process II (Past Project)

Well drafted laws in compliance with the constitution are a key element for a coherent legal order in any country. Due to many regime changes over the past decades Afghanistan is governed by laws from different periods that often contradict each other. Additionally, the pressure to provide new legislation on many different matters has meant that the relevant departments in the Ministry of Justice and other line ministries have had little opportunity to fully build up the required capacities on legislative drafting techniques.

This project is a continuation of the first phase implemented from 2013–2014 and aims at improving the quality of Afghan legislation by strengthening the ability and capacity of state institutions to draft appropriate, coherent and executable laws that conform to the Afghan constitution as well as to international law. In order to achieve this goal, the Max Planck Foundation is building the capacity of the main institutions involved in drafting, passing and enacting legislation in Afghanistan. These include the legislative (taqneen) departments the Ministry of Justice (MoJ) and of line ministries.

In the first project phase the Max Planck Foundation mainly targeted the Taqneen Department of the Ministry of Justice to increase its capacity in legislative drafting. While further support will be extended to the MoJ in the second phase, more focus will be placed on the other institutions involved in the legislative drafting process.  Next to providing technical support on specific draft laws, the Foundation will be carrying out numerous workshops dealing with the constitutionality of laws (including compliance with international law and not violating Islamic law), legal drafting techniques and regulatory impact assessments. In this project phase the professional dictionary for Dari-Pashto-English legal terminology will be published and distributed to relevant institutions.

Duration

5 February 2015–31 December 2016

Funding