Quick Links: Thailand Law Seminars and Conference | Thai Law Forum Past Issues | About Thailand Law Forum | Advertising Guidelines | Publishing Guidelines

Submissions:

Thailand Law Forum would like to thank the law office of Chaninat & Leeds for assistance with this translation.  The law firm is well established in serving the legal needs of foreign nationals, including Thailand business registration.




 

22
© 2002 Office of the Council of State, All Rights Reserved.

known but the filing shall not be later than ten years as from the date of such cause of action.

Section 52. An administrative case concerning the protection of public interest or a status of an individual person may be filed at any time.

Upon the lapse of time within which an administrative case can be filed, if the Administrative Court is of the opinion that the case so filed will be of public benefit or there occurs a necessary cause, the Administrative Court may,
whether at its own initiative or upon an application of a party, accept the case for trial and adjudication.

Section 53. In the case where any of the parties dies before a judgment of an Administrative Court, the Administrative Court shall adjourn the trial until the heir, estate administrator, any person in possession of the estate, successor of such person, or an interested person submits an application for the substitution for the deceased party, whether by their own motion or by a summons of the Court given upon the other party's application.

Such application shall be submitted within one year as from the date of death of such party. If no application is made by such person or no application is made by either party within the time specified under paragraph one, the Administrative Court may have an order striking such case out of the Case List.

Part 2
Administrative Court Proceedings

Section 54. In the Supreme Administrative Court, there shall be at least five administrative judges of the Supreme Administrative Court to constitute a quorum for trial and adjudication. In an Administrative Court of First Instance, there shall be at least three administrative judges of the Administrative Courts of First Instance to constitute a quorum for trial and adjudication.

Section 55. The trial and adjudication of a case shall be expediently carried out and completed. The parties shall be afforded reasonable opportunities to

23
© 2002 Office of the Council of State, All Rights Reserved.

give explanations and present evidence pertaining thereto; provided that the explanations shall be made in writing unless the Court allows oral explanations before it.

A party has the right to examine evidence presented by each party in the case file unless it is a particular case in which protection from disclosure is afforded by law or in which the Administrative Court is of the opinion that the
compelling necessity warrants its non-disclosure for the purpose of preventing loss to the State affairs, but the evidence not disclosed in the aforesaid case may not be admissible by the Administrative Court in its trial and adjudication.

In the trial and adjudication, the Administrative Court may examine and inquire into facts as is appropriate. For this purpose, the Administrative Court may hear oral evidence, documentary evidence or experts or evidence other than the evidence adduced by the parties, as is appropriate.

The oral evidence or the expert summoned by the Administrative Court for testimony or opinions shall be entitled to remuneration in accordance with the rules and procedure prescribed in The Royal Decree.

Section 56. When cases are filed with any Administrative Court, the President of the Supreme Administrative Court or Chief Justice of the Administrative Courts of First Instance shall comply with the following rules in connection with the distribution of case files within that Administrative Court:
(1) in the case where a specialised division is established for any particular category of cases, the distribution of case files shall be made in accordance with the specialisation of the division established therefor;
(2) in the case where the area of responsibility of a division is arranged, the case the cause of action of which has arisen in the respective area shall be distributed to the division so arranged;
(3) in the case where no arrangement of division is made under (1) or (2), or various divisions have been arranged in the same manner, or the division responsible for such cases has such a large number of pending cases that further
distribution of case files to such division will cause a delay or affect justice, the distribution of case files shall be made by the method by which prediction may not be made as to the division to which the case file is distributed.

24
© 2002 Office of the Council of State, All Rights Reserved.

When a division in any Administrative Court has received a case file, the Senior Judge of a division of the Supreme Administrative Court or Senior Judge of a division of an Administrative Court of First Instance in that division, as the case may be, shall appoint an administrative judge in his or her division as the judge in charge of the case for collecting facts from the plaint and explanations of the parties and collecting relevant evidence, with the assistance of the administrative court official as entrusted by the judge in charge of the case.

When a case file has been distributed to any judge in charge of the case or to any division, a recall or transfer of the case file may not be made except in the following circumstances:
(1) where a case is transferred in accordance with the regulation prescribed by the general assembly of the judges of the Supreme Administrative Court;
(2) where, with respect to a recall of a case file, a challenge is made against the judge in charge of the case or where, with respect to a transfer of a case file, a challenge is made against an administrative judge in the division carrying out
the trial and adjudication or a quorum is not constituted in the division;
(3) where the judge in charge of the case or the division carrying out the trial and adjudication has a large number of pending cases which will cause delay and wishes to disown the case file under responsibility.

Section 57. The judge in charge of the case shall examine, and submit opinions on, issues of law and issues of facts to the division which carries out the trial and adjudication, and shall carry out acts relevant to the case.

During the proceedings by the judge in charge of the case under paragraph one, the party shall be afforded an opportunity to know the allegations or contentions of the other party and the party shall present evidence on his or her part in confirmation or rebuttal of the issues of fact and issues of law. When the judge in charge of the case considers that sufficient issues of facts and issues of law have been collected, the judge in charge of the case shall prepare an opinion for presentation to the division which carries out the trial and adjudication for further proceedings.
In affording the parties with the opportunity under paragraph two, the judge in charge of the case shall instruct the parties to present their evidence within the specified time. If the party fails to act so within such specified time, the party

25
© 2002 Office of the Council of State, All Rights Reserved.

failing to present the evidence shall be deemed as not having any supporting evidence or as accepting the facts vindicated by the evidence of the other party, as the case may be, and the Administrative Court shall proceed with the trial and adjudication as it thinks just.

In the case where an administrative agency or State official fails to take action within the time specified in paragraph three or shows such conduct as indicative of prolonging the case, the Administrative Court shall report to the
superior, superintendent, supervisor or Prime Minister for proceeding with corrective action, giving directions or taking a disciplinary action, without prejudice to the power of the Court to inflict a punishment by reason of a contempt of court.

The performance of duties of the judge in charge of the case and the administrative court official shall be in accordance with the regulation prescribed by the general assembly of judges of the Supreme Administrative Court.

Section 58. Before the hearing day, the judge in charge of the case shall deliver the case file to the judge who makes the conclusions for consideration and the latter judge shall prepare a summary of issues of fact, issues of law and
opinions thereon to be submitted to the division carrying out the trial and adjudication and shall give oral statements to The division on the hearing day. For this purpose, the judge who makes the conclusions has the right to be present at the hearing and at the meeting for adjudication of the case but cannot cast a vote in the adjudication of such case.

In the hearing of any case, if the judge who makes the conclusions is of the opinion that the facts for the trial and adjudication of the case have changed, the judge shall prepare a new summary of issues of fact, issues of law and opinions thereon for submission to the division conducting the trial and adjudication for further consideration.

The Chief Justice of the Administrative Courts of First Instance or the President of the Supreme Administrative Court shall appoint a judge who makes the conclusions from administrative judges in that Court who are not judges in the division carrying out the trial and adjudication of the case concerned.

The judge who makes the conclusions in the Supreme Administrative Court may be appointed from administrative judges of the Administrative Courts of First Instance.

[1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11]
Next Page

 

© Copyright Thailand Law Forum, All Rights Reserved
(except where the work is the individual works of the authors as noted)