In a country like Thailand Administrative Litigation is vast and complex. If one had to define it, administrative litigation is the action of one individual's right to reject an administrative agency of local government. Administrative Litigation therefore takes place when someone makes a complaint against a local agency or the government. Administrative Litigation therefore urges to seek review of the decisions that have been made by a government agency, usually related to permits, licenses, a rule, or approval. It is therefore a challenge against the government. Any dispute of this nature is taken to the Administrative Court of Thailand.
The Administrative Court of Thailand commands the duty and authority to conduct a judicial review of administrative acts' legality. Adjudication of cases that involve disputes between state officials and an administrative agency is their responsibility. These disputes can be related to anything from by-law related acts, or another act or lack therefore that could constitute negligence of official duties stipulated by law, performing duties with delay of an unreasonable nature, or under any administrative contract.
In accordance with the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542, Section 42: “Any person who is aggrieved or injured or who may inevitably be aggrieved or injured in consequence of an act or omission by an administrative agency or a State official or who has a dispute in connection with an administrative contract or other case falling within the jurisdiction of the Administrative Courts under Section 9 shall provide that the redress or alleviation of such grievance or injury or the termination of such dispute requires a decree as specified in Section 72, be entitled to file a case with the Administrative Courts.
In the case where the law provides for the process or procedure for the redress of the grievance or injury in any particular matter, the filing of an administrative case with respect to such matter may be made only after the action has been taken in accordance with such process and procedure and an order has also been given thereunder or no order has been given within a reasonable period of time or within such time prescribed by law."
When filing a case to the Administrative Court, the Plaintiff must make sure that the plaint shall follow the regulation according to Section 45.
"A plaint shall be written in polite and courteous language and shall contain the following:
(1) the name and address of the plaintiff;
(2) the name of the administrative agency or State official concerned which gave rise to the filing of the case;
(3) all acts constituting the cause of action as well as necessary facts and circumstances in connection therewith;
(4) the relief sought by the plaintiff;
(5) the signature of the plaintiff; in the case of filing of a case on behalf of another person, an instrument of authorization shall be affixed thereto."
When filing an administrative case, Plaintiff needs to take note that the statute of limitation is only Ninety (90) Days from the date the action was known. According to Section 49. “An administrative case may be filed within ninety days from the date the cause of action is known or should have been known, or within the expiration of ninety days as from the day the plaintiff made a request in writing to an administrative agency or a State official for the performance of duties under the law and has not received a written explanation from the administrative agency or State official or has received a written explanation but such explanation is considered by the plaintiff to be unreasonable, as the case may be unless otherwise provided by a specific law.”
Once the judgment from the Administrative Court has been issued, if the result is not acceptable for either of the parties involved, an appeal can be submitted.
Under the Section 66/11. “Appeal against a judgment of an Administrative Court of First Instance in a case where the Court has rendered its judgment in favor of mediation on the case issues that have been completed, either in whole or in part in accordance with Section 66/10, shall not be permitted except on the following grounds:
(1) there is an allegation of fraud against one of the parties;
(2) the judgment is alleged to infringe a provision of law concerning public order and good morals;
(3) the judgment is alleged not to be in accordance with the mediation agreement. An appeal against a judgment of mediation shall be submitted to the Court that has passed the judgment within thirty days as from the date of passing the judgment.”
For many years, Juslaws & Consult has been a prominent fixture in the legal industry, with a wealth of experience that particularly shines in handling administrative cases. Our legal team possesses an extensive background in navigating the complexities of administrative law, making us uniquely equipped to offer specialized consultation and representation in this area.
Whether you are confronting challenges related to government regulations, licensing issues, or any disputes with administrative bodies, Juslaws & Consult stands ready to provide expert guidance and support. We understand the intricacies of administrative cases and are committed to achieving the best possible outcomes for our clients.
In addition to our focus on administrative law, we are also well-versed in a wide range of legal issues and disputes. We invite you to consult with us for any legal questions or concerns you might have. Our team is always available and prepared to assist you in navigating through any legal process or endeavor with confidence and expertise.
