هيئة تنازع الاختصاص القضائي في تايلاند: الواقع والتحديات

Abstract

This study aims to shed light on the jurisdiction of the Thai judicial authorities and the reality of the Committee on Jurisdiction of Courts according to Thai law and its challenges, by extrapolating and analyzing the jurisdiction of the Thai judicial authorities and the reality of the Committee on Jurisdiction of Courts according to Thai law and its challenges.The study began by listing the jurisdiction of all the Thai judicial authorities, the constitutional judiciary, the military judiciary, the administrative judiciary and the ordinary judiciary,and then followed that with the Committee on Jurisdiction of Courts according to Thai law in terms of legislative and organizational foundations, its jurisdiction andprocedures for filing and adjudicating cases before it,and finally the reality of the Committee on Jurisdiction of Courts and its challenges. The study concludedby the adoption of the system of judicial duplication and the distribution of jurisdiction among the judicial authorities may result in a conflict of jurisdiction and a contradiction in the judicial rulings issued by it. Therefore, the Thai legislator decided to adopt a judicial body to solve this problem, which is the Committee on Jurisdiction of Courtsin accordance with Article 248 of the Thai Constitution of 1998 AD, which it referred its organization, work, and jurisdiction to the Law on the Determination of the Powers and Duties among Court of 1999,which emphasized the jurisdiction of the Committee on Jurisdiction of Courts to adjudicate in cases of conflict of jurisdiction and contradiction of judgments between ordinary judicial authorities, administrative judicial authorities, and military judicial authorities, and its rulings are binding and not subject to appeal. The study suggests taking into account the principle of rotation in the presidency of the Committee on Jurisdiction of Courtsbetween the the ordinaryCourt, the Supreme Administrative Court and the Supreme Military Court, as it is the top of the ordinary, administrative and military judiciary hierarchy.The study also proposes tabulating the articles of the law regarding the Jurisdictional Conflict Commission for the year 1999 AD in order to facilitate the understanding of the legal texts for the general public, It can be divided into general definitions, the jurisdiction of the committee, the committee’s system,the technical secretariat, procedures, judgments and general provisions,and the amendment of Article 10, paragraph 1 of the law, in the event of a jurisdictional conflict, grantingdefendantthe right to initiate a request for consideration of a jurisdictional conflict to the Administrative Court before the stage of clarifying or clarifying the case for claims on him.and the amendment of Article 10, paragraph 3 of the law, in determining the maximum term of the judgments is 60 days, which can be extended in case of necessity, 30 days, or 30 days, subject to renewal in case of necessity, 30 days Twice to match the reality of the application.