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Administrative Court and Method to Consider Court Case

Many people know that government sector and government officer have responsible for providing service to people to make people have more convenience but many people may wonder if state agency or public officers uses authority dishonestly. How people take it as guilt that people? Process of Thai court has only civil and criminal course that take it as guilt normal people only but still has “administrative court” which has authority to judge case about state agency and government officer as well. Administrative court has authority to consider for judging administrative law dispute case between private (people) with administrative agency or public officers about action or omission action that administrative agency or public officers has to follow law or other action against law. Or other has responsible for performing legally includes performance slowly.

Administrative court can split into 2 ranks which are Civil administrative court has authority to consider for judging case in authority of administrative court and Supreme administrative court has authority to consider for judging dispute case about judgment of committee judge dispute according to big justice meeting in supreme administrative court that announce specifies. A person who has responsibility to consider for judging case will call “judge administrative court” which means supreme judge administrative court and civil administrative court.

Method to consider administrative case

Litigant is a person who has right to prosecute case which are normal person, juristic person or group of person who receive, has suffer or damage unavoidably because it affects to right or law status from action or refrain from action of public officers and ombudsman of congress has right to prosecute as well. Because they deem action of state agency or public officer do any action illegally. It has right to propose story to administrative court.

  • But if prosecution of a person who has right to prosecute administrative case is a normal person. It must be the case that the administrative court can issue a regulation.

  • Getting suffered or damaged from rule, command or action of administrative institute and public officer has to request court to order for withdrawing rule, command and prohibit all actions or some parts.

  • Getting suffered or damaged from administrative institute or public officer ignore to duty and perform slowly has to request administrative court has command to leader of institute or involved officer.

  • Getting suffered or damaged from administrative institute or public infringe and responsible about administrative agreement requests court to compensate by paying money, thing, let them do or refrain to do.

  • Request administrative court to assure for performing to right and duty of related person for showing livelihood of that right and duty.

In the part of accusation you have to do letter for submitting to administrative court officer. In area of civil administrative court that case has hometown or ground of action happens or if it is case that in authority of supreme administrative court to sue to supreme administrative court. There is list according to specify following define list. Prescription to sue. The accusation administrative court has to institute a case within 90 days from the day that they know or should know the cause of sue case or count from the day that expires 90 days. The day that prosecutor has request letter to administrative institute or public officer to let he or she performs according to law specifies and does not get explanation letter from institute or public officer or gets explanation that prosecutor deems it is not make any sense. And for benefit of prosecutor commander specifies method to submit accusation and period of time to submit accusation in command as well. If there is no said inform and there is no revise as above. Law legislates period of time for submitting accusation that specified less than 1 year to extend for submitting accusation to 1 year from the day that get command. But if it is an accusation case of disputing about an action of infringing or other responsible of administrative institute or public officer or infringe case about administrative agreement. They can sue within 1 year from the day that they know cause of suing case but not more than 10 year from the day that has cause to sue case. However, suing administrative case about protection public benefit or status of that person will sue anytime.

Thank you for reference : Ajarn SunanthaAkephaisankul


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