Administrative Procedure Law
On 1st May 2018, the Administrative Procedure Law (APL) was published in the Official Gazette of the Islamic Republic of Afghanistan and entered into force on 1st August 2018, after a three months transition period. The APL is the first Afghan law to streamline comprehensively administrative practices and guide civil servants in the performance of their duties. The APL provides for a coherent and transparent procedure for the adoption of administrative acts, as well as for mechanisms of administrative review. Citizens now have the opportunity to hold the state accountable for its action. Since the adoption of the APL, its implementation has gained momentum, and individuals have already have taken action for their rights. While the entry into force of the APL is a milestone achievement, more work needs to be done to strengthen its implementation. A law gains significance only once it is applied coherently and individuals can rely on its correct and equable application throughout the country.
Administrative Procedure Law commentary project will strengthen the implementation of the APL in two ways. First, it will not simply explain the meaning of each article but will identify crucial legal and practical challenges linked to the implementation of the APL. The commentary will also assure a certain level of academic quality and uniform understanding of the law during training conducted for civil servants and university lectures
Second, since the Administrative Procedure Law focuses on the legal relations between citizens and the state executive institutions, the sustainability of the nascent administrative law framework in Afghanistan can only be achieved through public awareness campaigns (e.g. radio programs). This will enable citizens to better claim their rights when faced with unlawful decisions taken by public administration at all national, provincial, district, and local levels.
The project aims at strengthening the consistent implementation of the APL by providing clear and practical guidelines to the users of this law: the ones who take administrative decisions (the institutional authorities), the ones who review administrative decisions (administrative review boards and courts), the ones who demand the implementation of the APL in court (lawyers and citizens), and the ones who divulge the knowledge and the understanding of the APL (academia and training).