Afghanistan’s stagnant legal system requires substantial and wholesale legal reform. The laws of a nation are its main pillars and should be at the forefront of the Afghan government’s agenda.
Since 2002 the Islamic Republic of Afghanistan (government) and various national and international organizations have continuously tried to reform the country’s obsolete laws. However, the reform process has been slow and ineffective and, in many cases, the reforms introduced are ambiguous and inefficient. This is mainly due to the absence of a coordinated reform program and a lack of institutional capacity, as well as a lack of effective communication and consultation between government agencies and relevant national and international stakeholders. This has resulted in the implementation of defective legislation – such as the laws and regulations governing the company and contractual matters. As well as legal and regulatory differences between key areas of law. Due to insufficient legal knowledge and expertise of government agencies to enforce trade rules and the lack of judges’ ability to effectively interpret and apply trade laws when disputes arise, the effects of widespread deficiencies in Afghanistan’s legal government Have been promoted.
Legal reforms are essential to achieving development in Afghanistan and should be at the forefront of the government’s agenda. The setting up of a law commission, as defined in this law, will replace the existing legislative procedure, in which an independent and competent body with the requisite legal expertise and competence will guide a comprehensive legislative reform program. This will be a significant step forward in addressing widespread defects in the Afghan legislative government and developing a strong legislative framework that will rule the law, tackle corruption, promote economic development and attract foreign direct investment.
Existing legislation usually involves a relevant government agency that prepares a proposed law to be presented to the Ministry of Justice for review. In exchange for the Ministry of Justice, the draft law presents to the Council of Ministers for approval of the draft law. Subsequently, the draft parliament has been sent for review and approval. As part of this process, it is usually a limited or meaningful consultation with the relevant stakeholders.
The inclinations of the current legislative process are twofold. OIL, relevant government agencies do not have the required skills and resources to draft legislation in accordance with international standards and in a manner that is conducive to effective implementation and enforcement in the context of Afghanistan’s specific circumstances and judicial framework. The Commission will tackle these challenges with the resources and expertise needed to effectively tackle these challenges. Second, the prevailing view raises questions of conflict of interest as the relevant government agency is often the ‘protector’ and the original enforcement body of a particular law. The relevant government agency may be encouraged in the drafting of the legislation in a way that gives it maximum control and authority, even though the effectiveness of the relevant legislation may be in jeopardy. These conflicts of interest can be resolved by the establishment of the Commission as the Commission will legislate but will not have a direct role in its implementation. In addition, the Commission will independently review all relevant ideas and interests to ensure that all stakeholders’ needs and concerns are addressed in a balanced way, drafting the rules.
Roles and Duties of the Commission
As an independent body, the Commission will ensure that the law is fair, effective, comprehensive and simple. It will undergo extensive review and consultation to establish a comprehensive law reform program, which can be reviewed and amended from time to time. Before advancing a particular project, the Commission will consult with all stakeholders, including relevant government agencies, judges, lawyers, academics, NGOs, and the private sector to ensure that their interests and ideas are met. Proper consideration should be given.
The Commission will recommend reforms where necessary or upon receipt of a proposal or invitation for reform from a government agency or other stakeholder. Specifically, the Commission will review areas where gaps are clear, areas that are unnecessarily complicated or outdated, or areas where reforms are needed to enhance the effectiveness of relevant legislation. It is necessary. Following a comprehensive research and consultation process, the Commission will make recommendations to relevant government agencies to amend the relevant law.