In a country like Thailand Administrative Litigation is vast and complex. If one had to define it, administrative litigation is the action of one individual's right to reject an administrative agency of local government. Administrative Litigation therefore takes place when someone makes a complaint against a local agency or the government. Administrative Litigation therefore urges to seek review of the decisions that have been made by a government agency, usually related to permits, licenses, a rule, or approval. It is therefore a challenge against the government. Any dispute of this nature is taken to the Administrative Court of Thailand.
The Administrative Court of Thailand commands the duty and authority to conduct a judicial review of administrative acts' legality. Adjudication of cases that involve disputes between state officials and an administrative agency is their responsibility. These disputes can be related to anything from by-law related acts, or another act or lack therefore that could constitute negligence of official duties stipulated by law, performing duties with delay of an unreasonable nature, or under any administrative contract.
In accordance with the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542, Section 42: “Any person who is aggrieved or injured or who may inevitably be aggrieved or injured in consequence of an act or omission by an administrative agency or a State official or who has a dispute in connection with an administrative contract or other case falling within the jurisdiction of the Administrative Courts under Section 9 shall provide that the redress or alleviation of such grievance or injury or the termination of such dispute requires a decree as specified in Section 72, be entitled to file a case with the Administrative Courts.
In the case where the law provides for the process or procedure for the redress of the grievance or injury in any particular matter, the filing of an administrative case with respect to such matter may be made only after the action has been taken in accordance with such process and procedure and an order has also been given thereunder or no order has been given within a reasonable period of time or within such time prescribed by law."
When filing a case to the Administrative Court, the Plaintiff must make sure that the plaint shall follow the regulation according to Section 45.
"A plaint shall be written in polite and courteous language and shall contain the following:
(1) the name and address of the plaintiff;
(2) the name of the administrative agency or State official concerned which gave rise to the filing of the case;
(3) all acts constituting the cause of action as well as necessary facts and circumstances in connection therewith;
(4) the relief sought by the plaintiff;
(5) the signature of the plaintiff; in the case of filing of a case on behalf of another person, an instrument of authorization shall be affixed thereto."
When filing an administrative case, Plaintiff needs to take note that the statute of limitation is only Ninety (90) Days from the date the action was known. According to Section 49. “An administrative case may be filed within ninety days from the date the cause of action is known or should have been known, or within the expiration of ninety days as from the day the plaintiff made a request in writing to an administrative agency or a State official for the performance of duties under the law and has not received a written explanation from the administrative agency or State official or has received a written explanation but such explanation is considered by the plaintiff to be unreasonable, as the case may be unless otherwise provided by a specific law.”
Once the judgment from the Administrative Court has been issued, if the result is not acceptable for either of the parties involved, an appeal can be submitted.
Under the Section 66/11. “Appeal against a judgment of an Administrative Court of First Instance in a case where the Court has rendered its judgment in favor of mediation on the case issues that have been completed, either in whole or in part in accordance with Section 66/10, shall not be permitted except on the following grounds:
(1) there is an allegation of fraud against one of the parties;
(2) the judgment is alleged to infringe a provision of law concerning public order and good morals;
(3) the judgment is alleged not to be in accordance with the mediation agreement. An appeal against a judgment of mediation shall be submitted to the Court that has passed the judgment within thirty days as from the date of passing the judgment.”
In the Thai judiciary, the first level of report is the Court of First Instance. Appeals lead to the Court of Appeals, and further appeals will lead to the Supreme Court/Supreme administrative court. A ruling made by the supreme administrative court of Thailand is final and binding as at least three judges (The General Assembly of Judges) would have reviewed the case and evidence at this point.
The constitutional court in Thailand is responsible for reviewing and passing laws, as well as verifying candidates who are intended to become Ministers or join the Senate.
Culturally speaking, Thailand is not pro-litigation, but when it is necessary, then the formal attorney-client relationship must be strong and trustworthy. Negotiation usually occurs before administrative proceedings commence, even when state agencies are involved. However, when something does need to go to the courts, it is essential to have an attorney on your side that is qualified and skilled at litigation procedures and can explain the jurisdiction of the Thai judiciary to you in terms that you can easily understand if you are not a native to Thailand. Here at Juslaws, we have just such representation and support available to our clients.
In the case where a rule, public law, government decision, etc., is appealed, it takes place in the form of administrative appeals that are made directly to the president of the individual government authority under which the rules fall.
The relationship between clients and their attorneys cannot be understated. It is a subject that certainly requires attention and is a key ingredient in the recipe for success. From the start, attorneys need to establish supportive relationships with their clients and need to continuously assure their clients throughout the litigation process. Confidential information needs to be closely guarded so that justice is not hindered and established trust is adequately maintained.
By the time a case reaches the Supreme administrative court of Thailand, clients will already have been stressed and need to find an attorney that delivers their attorney advertising standards as far as their position allows. Such cases are usually complex, and presented cases are only reviewed on paper at this stage.
It is therefore essential for this relationship to be established and fostered long before rules reach the Supreme administrative court while it is still being presented in lower courts so that justice for clients may come to pass through proper litigation as early in the process as possible.
The office of a litigation attorney should be able to keep clients' confidential information safe at all times, even when attorneys present a case. It is the position of the client that their information and status may be kept confidential from outside sources as far as is reasonably possible. Furthermore, a request for mitigation from the position of the other party can be handled by a qualified attorney as well, and if possible, cases can and should be settled outside of the courts if legally possible.
Juslaws & Consult has been in the legal industry for many years. We have years of experience handling administrative cases and other legal cases. Our legal team can provide consultation regarding any legal issues or disputes you may have. We encourage you to consult with us if you have any questions or concerns regarding administrative cases or any other legal issues. Our team is always available and ready to assist you in any of your legal endeavors.
