The Problems of Section 13 and Section 16 of the Administrative Procedure Act B.E. 2539

Abstract

Principle of impartiality is a general principle in administrative legal system. For Thailand, the principle is embedded in the Administrative Procedure Act, B.E. 2539. The objective of this article was to study problems related to biased administrative considerations under Sections 13 and 16 of the Administrative Procedure Act B.E. 2539 (1998). From the study, it was found that there were several practical problems: 1. The problem of enactment the case is that Any case contrary to the principle of impartiality under Section 13 and Section 16 of this act namely  "Other causes" or "Seriously" that is unclearly stipulated in the Section  16, 2. The problem with the outcome of the administrative order that is inconsistent with the principle of impartiality that has not been stipulated in the act. This article aims to study the concept and legal principles of the Administrative Court impartiality of the administrative order as well as the problems of Section 13 and Section 16 of the act. The results showed that it is appropriate to issue a ministerial regulation to clarify the enforcement of the impartiality principle in the administrative considerations, enact the legal consequences in case of violation of impartiality, legislate penalties on serious offenders who violate intent or negligence regarding the provisions on impartiality as well as promotes the understanding of the principle of impartiality of the administrative order.

Keywords :   Impartiality, Administrative Order, Administrative Court