القضاء الإداري في ظل التنظيم القضائي التايلاندي : الواقع والتحدايات

Abstract

The study aims to shed light on the state of the administrative judiciary under the Thai judicial system and its challenges, by extrapolating the establishment of Thai judicial system in general and administrative judicial system in particular. The study began by describing the formation and evolution of the Thai judicial system in its three stages, namely, judicial system before and after the period of judicial reform, judicial system after separation from the Ministry of Justice, then judicial system in accordance with the current Thai Constitution, constitutional, military, judicial and administrative judiciary, and the reality and challenges of the administrative judiciary. The study concluded that the Kingdom of Thailand adopted the system of unity of the judiciary at the beginning, meaning that all cases and disputes are referred to the justice judiciary, and then turned into a system of double justice, through the establishment of the administrative judiciary alongside the justice judiciary, especially after the Thai Constitution of 1997 and Act on Establishment of Adminitrative Court and Administrative Court Procedure 1999, under which the Administrative Court was established on 9 March 2001, and the power to separate administrative disputes was transferred from the Council of State  to the Administrative Court, The Administrative Court consists of the Administrative Court of First Instance and the Supreme Administrative Court, the Administrative Court has established its vision, functions and strategic plan for action, as well as the 20-year master plan (2018-2037). The Administrative Court, from its inception to 11 July 2019, receives 156094 cases. It has ruled on 130104 cases, about 83.35%, while 25990 cases are still pending, about 16.65 %, which indicates a lack of balance between the number of judges and the number of cases. The study proposes to strengthen the implementation of the reconciliation system in administrative deputes, excluding the judiciary in some pleadings and trials in uncomplicated facts and did not harm justice, establishment of the Administrative Court of Appeal to receive cases appealed from the Administrative Court of First Instance in order to reduce the burden of the Supreme Administrative Court, improving the appropriate procedures for selecting and appointing judges in the Administrative Court, and in particular abolishing the Senate approval in appointing judges in the Supreme Administrative Court. As well as expediting the procedures for selecting and appointing judges in Administrative Court, meeting the needs of the shortage of judges and reducing the number of pending cases in the court in order to achieve justice quickly.