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Wiping Out Administrative Command

As we know that administrative command is using authority following law of officer he or she may order people do one or the other or be command that give right or deprive of people’s right. Those commands may affect to some people. When there is administrative command has to consider that command is legal or not. If there is checking and found that it is legal command and there is command to cancel said command can do that. Or if it is illegal administrative command following specified condition. That command may get withdraw as well.    Wiping out administrative command consist of 2 kinds which are:

  1. Cancelation of legal administrative command

  2. Withdrawing illegal administrative command

There are rules to accompany consideration that officer has to do within 90 days from day that know cause of withdraw cancelation or in discretion of administration officer or command that give benefit such as command to give money, property, assurance of Thai nationality or consider from principle of damage compensation.

Cancelation of legal administrative command

Officer may use discretion to cancel all commands or some parts by cancelation may be able to affect since now or future. Cause that has to cancel administrative command is legal administrative command but it makes burden in the future. It can say that there is changing law later. After order or have specific law that specifies cancelation condition but condition does not cover. And there is more cause from legal administrative command. It can say that law in command has to cancel and there is said support cancelation fact. There is no performing within specific time, law changes and people and public get serious damage. 

Withdrawing illegal administrative command

Officer may use all discretions or some parts to have retrospect effect or future effect such as command that give direct benefit, giving scholarship, approving to bring rent or medical fee, giving Thai nationality and assuring Thai nationality etc. “Wiping out administrative command” covers to cancel legal administrative command and withdraw illegal administrative command. Because making legal administrative command and illegal administrative command do not have result. It forces to have specific rule differently.


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