Thai Judicial Reforms to Respond to Environmental Challenges : Institutionalizing Environmental...
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Thai Judicial Reforms to Respond Thai Judicial Reforms to Respond to Environmental Challenges : to Environmental Challenges :
Institutionalizing Environmental Institutionalizing Environmental Expertise through Specialization Expertise through Specialization
and Environmental Courtand Environmental Court
Kasem Comsatyadham Vice President of the Supreme Administrative Court of Thailand
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StructuresStructures
a. Historical Development of a. Historical Development of Thai Administrative JusticeThai Administrative Justice
b. The Administrative Court’s b. The Administrative Court’s
Environmental Jurisdiction Environmental Jurisdiction and Procedures and Proceduresc. The Administrative Court to c. The Administrative Court to
Respond to Environmental Respond to Environmental ChallengesChallenges
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Establishment of a Council of State under a Establishment of a Council of State under a Royal Proclamation in 8Royal Proclamation in 8thth May 1874 May 1874
After the change of the regime from After the change of the regime from Absolute Monarchy into Constitutional Absolute Monarchy into Constitutional Monarchy in 1932Monarchy in 1932
The present day Administrative CourtThe present day Administrative Court ((TThe 1997 Constitution of Thailandhe 1997 Constitution of Thailand))
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Historical Development Historical Development of Thai Administrative Justiceof Thai Administrative Justice
The Administrative Court’s The Administrative Court’s Environmental Jurisdiction Environmental Jurisdiction
and Proceduresand Procedures
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Multi-Court System under the Constitution of the Multi-Court System under the Constitution of the Kingdom of Thailand B.E. 2540 (1997)Kingdom of Thailand B.E. 2540 (1997)
ConstitConstitutional utional CourtCourt
JudicialJudicialCourtsCourts
AdministrAdministrative ative
CourtsCourts
Military Military CourtsCourts
SupremSupreme Courte Court
Supreme Supreme AdministrAdministr
ative ative CourtCourt
Supreme Supreme Military Military CourtCourt
Central Central Military Military CourtCourt
Courts Courts of First of First InstancInstanc
ee
Court Court of of
AppealsAppeals
Military Military Courts Courts of First of First
InstanceInstance
AdministrAdministrative ative
Courts of Courts of First First
InstanceInstance55
Structure of the Administrative CourtStructure of the Administrative Court
The Supreme Administrative Court
Administrative Courts of First Instance
Central Administrative Court 9 Regional Administrative Courts
- Chiang Mai AC- Nakhon Ratchasima AC- Khon Kaen AC- Phitsanulok AC- Rayong AC- Nakhon Si Thammarat AC- Songkhla AC - Udon Thani AC- Ubon Ratchathani AC
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The RayongAdministrative Court
The Chiang Mai Administrative Court The Khon Khaen
Administrative Court
The Nakhon RatchasimaAdministrative Court
The Phitsanulok Administrative Court
The Nakhon Si ThammaratAdministrative Court
The SongkhlaAdministrative Court
CentralAdministrative Court
The SupremeAdministrative Court
The Udon Thani Administrative Court
The Ubon Ratchathani Administrative Court
The Central Administrative Court
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Administrative Court’s JurisdictionsAdministrative Court’s Jurisdictions
I. Jurisdiction : An unlawful act issued or performed by an I. Jurisdiction : An unlawful act issued or performed by an administrative agency/State official in bad faith or administrative agency/State official in bad faith or in a manner indicating unfair discrimination or in a manner indicating unfair discrimination or causing unnecessary process or excessive burden to causing unnecessary process or excessive burden to the public or amounting to undue exercise of the public or amounting to undue exercise of discretiondiscretion
II. Jurisdiction : Administrative agency/State official neglecting II. Jurisdiction : Administrative agency/State official neglecting official duties required by the law to be performed official duties required by the law to be performed or performing such duties with unreasonable delayor performing such duties with unreasonable delay
III.Jurisdiction : A wrongful act or other liabilities of III.Jurisdiction : A wrongful act or other liabilities of administrative agency/State official arising from administrative agency/State official arising from
the exercise of power under the law or from a bylawthe exercise of power under the law or from a bylaw
IV. Jurisdiction : Administrative ContractIV. Jurisdiction : Administrative Contract
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The Characteristic of Thai The Characteristic of Thai Administrative CourtAdministrative Court
Inquisitorial SystemInquisitorial System SymplicitySymplicity No Court FeeNo Court Fee Written DocumentsWritten Documents Balancing Between the Chamber and Balancing Between the Chamber and
The Commissioner of JusticeThe Commissioner of Justice
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• The establishment of the environmental division within the First Instance Administrative Court and the Supreme Administrative Court on 5 July 2011.
• The environmental division is officially operated nationwide on 2 August 2011.
The Establishment of the Environmental Division in the Administrative Court
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• Administrative case concerning environmental issues
• Completeness of a plaint
• Standing to Sue
• Time-limit to file a plaint
• Application for the exemption from Court fees• Provisional measure or means before delivery of judgment
• Timetable of case proceedings
• Inquiring into facts
Recommendation of the President of the Supreme administrative Court on the Recommendation of the President of the Supreme administrative Court on the Administrative Court Proceedings concerning Environmental IssuesAdministrative Court Proceedings concerning Environmental Issues
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The Administrative Court’s The Administrative Court’s Environmental ProceduresEnvironmental Procedures
The Administrative Court The Administrative Court to respond to respond
to Environmental Challengesto Environmental Challenges
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Environmental Environmental Cases Cases Admissible to Admissible to the Administrative Court the Administrative Court
(2001-1 August 2011)(2001-1 August 2011)
From the opening of the Administrative Court in 2001 From the opening of the Administrative Court in 2001 to the date before the operation of the environmental to the date before the operation of the environmental division in 2011 division in 2011
Pending = 1,847 Cases
Finalised = 7,543 Cases
19.67 %
80.33%
Environmental Cases Admissible = 9,390 cases
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Environmental Cases Admissible to Environmental Cases Admissible to the Administrative Courtthe Administrative Court
(2 August 2011 – 31 May 2012)(2 August 2011 – 31 May 2012)
From the opening date of the environmental division From the opening date of the environmental division (2 August 2011) to 31 May 2012 , environmental cases (2 August 2011) to 31 May 2012 , environmental cases admissible are 986 casesadmissible are 986 cases
5.98 %94.02
%
Pending = 927 Cases
Finalised = 59 Cases
environmental cases admissible = 986 cases
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Thank you for your Thank you for your attentionattention
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