قواعد المرافعات والإجراءات أمام المحكمة الإدارية في القانون التايلاندي

Abstract

This study aims to shed light on the rules of pleadings and procedures before the administrative court in Thai law, by extrapolating and analyzing the pleadings and procedures before the administrative court in Thai law. The study began by listing the Thai laws related to pleadings and procedures before the Administrative Court, followed by the definition of the administrative lawsuit and the characteristics of pleadings and administrative procedures, and finally the rules of pleadings and procedures in filing, considering, ruling and appealing the administrative lawsuit. The study found that the rules of pleadings and procedures before the Administrative Court in Thailand are derived from various laws, including what is at the level of legislation issued by Parliament, including what is at the level of regulations issued by a general assembly of the Supreme Administrative Court, the Administrative Board of Administrative Courts and the President of the Supreme Administrative Court, including what is for example Familiarity with the Civil Procedure Code and general rules adopted in the global administrative judiciary,All laws aim at regulating pleadings and procedures before the administrative court, which is distinguished from civil procedures before the civil court and criminal procedures before the criminal court. And that the administrative lawsuit is the lawsuit that is submitted to the Administrative Court of First Instance or the Supreme Administrative Court, whether this submission was from the beginning with the lawsuit petition, requests, litigants’ defenses,interference, voluntary or coercive, or a request to return the pleadings or new trials. It is noted that this law did not mention the appeal of the judicial ruling or the judicial decision within the definition, which is what the study proposes to add in this definition so that it is clearer and does not require interpretation. The pleadings and administrative procedures are in writing, inquisitorial, simple and quick, sessions are public and the implementation has not been suspended. Thai law has organized the rules of pleadings and procedures for filing, considering, ruling and appealing the administrative case. It is noted that the law did not require filing the administrative case through the lawyer, and the claimant may file the administrative case on his own behalf, but in reality the claimant is unable to do so due to his lack of experience and knowledge of the law. The study suggests finding a volunteer lawyer to assist the plaintiff with the support of the government. It is also noted that the administrative court is not justified in ruling the case until after the judge of the case expresses the opinion on the case, and the law did not obligate the litigants or the parties to the litigation what was prepared by the judge who outlined the case in the pleading session It contradicts the principle of providing opportunities for the litigation parties to respond and clarify in the pleading, and the study suggests obligating sending what the judge outlined for the case prepared to the litigation parties for review at least seven days before the pleading day, and giving litigants opportunities to respond after The judge who described the case expressed his opinion on the case in order for justice to be achieved. He also notes that the law relies on the principle of litigation on only two levels, namely, the Administrative Court of First Instance and the Supreme Administrative Court. The study proposes the 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.