Class Action in Administrative Court

Abstract

The objective of this research was to study the concepts, theories, and principles of Thailand’s class action by focusing on civil law and administrative law in order to provide the guidance on how to solve appropriate problems related to the protection of the right to file a class action in administrative court by adopting class action prosecution or litigation on behalf of many injured persons used in Administrative Court.

This study was a documentary research, which was conducted by collecting data from specific Thai laws and international laws as well as using comparative analytical methods in the legal system, court system, and legal principles by studying the data from academic documents, articles, journal, related publications, electronic articles from the internet, administrative court decisions, statements or orders, legal statements, code of act to solve further legal problems.

The major findings indicated that the Administrative Court Procedures of Thai Courts have resolved the issues of hearings with many victims but used the methods of consolidating and interpreting cases
were similar to class action but there is no provision that guaranteed the administrative cases so that the administrative court could use as a class trial and the problem could not be resolved upon the trial and there are still many flaws in the methods of class action being applied to the case in the Administrative Court. In cases where there are many victims, this would facilitate the justice process for the people which saves time and money as well as effectively reducing the amount of cases that entered the Administrative Court causing the prosecution in the same issue to receive the same result as the verdict.