PROBLEMS IN ADMINISTRATIVE COURT LITIGATION REGARDING THE ENVIRONMENT

Abstract

Currently aggravated environmental problems have affected lives and livelihoods. Environmental laws of Thailand authorize administrative agencies and government officials to protect, promote, and maintain environmental quality. Anyone who has suffered damage may file a lawsuit with the court to protect their rights due to an action or neglect of duty that is required by law to be performed in order to criticize any unreasonable delay by administrative agencies or government officials in performing such duties. Lawsuits must be filed to the Administrative Court in accordance with the Constitution of the Kingdom of Thailand, B.E. 2560 (2017) and the Act of Establishment of the Administrative Courts and Administrative Court Procedure B.E. 2542 (1999; The Act) which provides for cases under Administrative Court jurisdiction.

Results were that the Act and the Rule of the General Assembly of Judges of the Supreme Administrative Court on Administrative Court Procedure, B.E. 2543 (2000), together with the Recommendation of the President of the Supreme Administrative Court on Administrative Court Procedure Relating to Environmental Issues, issued on 29 June 2011 supported adjudication of administrative cases regarding the environment. Nevertheless, legal problems and limitations have been encountered due to lack of definition of the term environmental administrative cases, rights to file group lawsuits, criteria for determining who has suffered damage by taking into account environmental harm, having orders regarding temporary methods before a filing judge, effects of judgments affecting those not sued, judgments exceeding requests, reservation of rights to amend judgments, determination of emotional damages. and rules for enforcing administrative cases regarding the environment.

This article therefore concludes from the study and suggest ways to solve problems. which will be discussed later in this article.