A panel of administrative law experts met in Kabul with Foundation staff joining online
On 4 March 2021, the Max Planck Foundation together with our partner organisations, the Afghanistan Legal Research and Development Organisation and Integrity Watch Afghanistan, hosted the second technical working group.
The panel intensively debated the meaning and application of definitions and principles of administrative law – articles 1 to 14 of the Administrative Procedure Law. In particular, the discussion focused on how to implement them across multiple fields and levels of government. These debates are crucial as this branch of law is still in its infancy and remains largely unexplored in the Afghan legal system. Throughout the day, the members of the technical working group shared experiences from their respective fields and on several occasions could appreciate how Afghan administrative laws and regulations are fragmented and incohesive.
The ongoing discussions about the commentary on the Administrative Procedure Law will, not only produce a document aimed at enhancing the understanding of the law but will also help to advance the fledgling field itself. This Afghan-led effort can support a common understanding of administrative law as many participants will give feedback about the discussions in the technical working group to their respective institutions.
Two out of seven working groups have now concluded and the effort to draft a concise but nonetheless comprehensive commentary is well on its way. This commentary will help civil servants, administrative review boards, courts, lawyers and academics, but also ultimately the individuals affected by an administrative decision, to make better use of the administrative procedure law. The project also includes an awareness campaign so that the wider population can familiarise itself with the workings of the formal administrative process.
This forms part of the project “Strengthening the Implementation of the Administrative Procedure Law of the Islamic Republic of Afghanistan” funded by the German Federal Foreign Office.