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Composition and Structure
Number of
Members
There are 15 judges of the Supreme Administrative Court being arranged
in rank order as follows:
1. President of the Supreme Administrative Court (1 position);
2. Vice-Presidents of the Supreme administrative Court (2 positions);
3. Senior Judges of Divisions of the Supreme Administrative Court
(4 positions);
4. Judges of the Supreme administrative Court (8 positions).
Recruitment procedures and incompatibilities
The Act on Establishment of Administrative Courts and Administrative
Court Procedure was passed in 1999, renewing the appointment procedure.
According to it, the person eligible for appointment as a judge
of the Supreme Administrative Court shall have the following qualifications:
1. being of
Thai Nationality
2. being not lower than forty-five years of age
3. being qualified in the field of law, political science, public
administration, economics, social science or in the administration
of State Affairs.
4. having held at least one of the positions required by the Act:
councillor, senior judge of a First Instance Court, Chief public
prosecutor, university professor, director of a State agency, attorney.
The Judicial Commission of the Administrative Courts (J.C.A.C) shall
consider and select persons with the regulated qualifications and
with suitability for appointment as judges of the Supreme Administrative
Court. It shall then present the list of nominated persons to the
Prime Minister, and the Prime Minister shall submit the list to
the Senate within fifteen days. Upon its approval, the Prime Minister
shall tender it to the King for royal appointment.
However, any person approved by the Senate to hold office as a judge
of the Supreme Administrative Court shall resign from the position
to which a prohibition relates, before being confirmed by Royal
appointment.
Judges of the Supreme Administrative Courts are indeed prohibited
from holding various positions: official or employee of State agencies,
director of a State company but also director, manager or any similar
office in a private company, member of a local assembly or of a
political party.
Structure
Internal
organization:
There shall
be at least five administrative judges of the Supreme Court to constitute
a quorum for trial and adjudication ( three for First Instance Courts).
Cases are distributed among the different divisions of the Court.
When a division
in any Administrative Court has received a case file, the Senior
Judge of the division shall appoint an administrative judge to be
in charge of the case, i.e. collecting facts from the plaint and
explanations of the parties and collecting relevant evidence.
Before the hearing
day, the judge in charge of the case shall deliver a case file to
another judge who makes the conclusions for consideration. 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. This judge does not cast a vote.
The hearing
shall be conducted in open court and allow the party to make at
least one oral statement before it. The parties are given the conclusion
established by the judge in charge at least 7 days before the hearing.
A judgement
or order of an Administrative Court, shall be given effect in accordance
with the majority opinion and in the case where any administrative
judge has a dissenting opinion shall be written in such judgment
or order.
If the President
of the Court thinks appropriate, any issue or case may be decided
by a general assembly. If any issue or case is required by law or
by the regulation prescribed by the general assembly of judges of
the Supreme Administrative Court to be decided by a general assembly,
it shall be decided by the general assembly.
Publication
:
- Extract of judgments and orders of the Supreme Administrative
Court and the Administrative Courts of First Instance.
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Court Functions
Jurisdiction
The Supreme administrative Court has the competence to try and adjudicate
the following cases:
1. the case involving a dispute in relation to a decision of a quasi-judicial
council as prescribed by the general assembly of the judges of the
Supreme Administrative Court;
2. the case involving a dispute in relation to the legality of a
Royal Decree or by-law issued by the Council of Ministers or with
the approval of the Council of Ministers;
3. the case prescribed by the law to be within the jurisdiction
of the Supreme Administrative Court;
4. the case in wich an appeal is made against a judgement or order
of an Administrative Court of First Instance.
Organization of the courts system
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The
Supreme Administrative Court
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Administrative
Courts of First Instance
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The
Central Administrative Court
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Regional
Administraive Courts
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(1
Court)
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(16 Courts)
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The Central
Administrative Court is established in Bangkok Metropolitan and
has jurisdiction troughout the boundaries of Bangkok Metropolan,
Nakhon Pathom, Nonthaburi, Pathum Thani, Ratchaburi, Samut Sakhon
and other provinces whose jurisdiction is not within any other Regional
Administrative Courts. Only 7 out of 16 Regional Courts have so
far been established indeed: the other ones are planned to be settled
in the coming years.
Any administrative judge entrusted by the division has wide power
to investigate, including:
1. the power to summon either of the party concerned - including
administrative agencies and state officials- to give statements
or opinions in connection with the performance of the work of the
administrative agency or State official involved
2. the power to summon either of the party to provide an object,
a document, any relevant evidence, to give an opinion or to send
a representative to give explanation for supplementary consideration
before the Court
Powers of
the judge
When delivering
a judgement, an Administrative Court has the power to issue a decree
for any of the following:
1. Ordering revocation of a by-law or restraining an act (wholly
or partly) in case it decides the administrative agency or State
official did commit an unlawful act.
2. Ordering the head of the administrative agency or State official
concerned to perform the duty within a time prescribed by the Administrative
Court in case it decides that the administration failed to perform
the duty.
3. Ordering the payment, the delivery of a property, the performance
or omission of an act - with or without prescribing a time limit
and other conditions- when the case is concerned with an administrative
contract or with the liability of the administration.
4. Ordering the treatment toward the right or duty of the person
concerned, when the case was filed to have such a right acknowledged
by the Court.
5. Ordering a person to act or refrain from acting in compliance
with law.
Advisory
functions
none
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Miscellaneous
remarks
none
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