Problems a Plaint Ruling of the MSPC at the Administrative Court and the Jurisdiction of Administrative Courts

Abstract

      This research aims to: 1) examine the concept of the Administrative Court's adjudicatory power, theories related to the principles of civil service conduct, appeal procedures to the Merit System Protection Commission (MSPC), and the Right to Petition the Supreme Administrative Court;     2) examine the laws related to disciplinary proceedings against civil servants and lawsuits filed with the court, the adjudicatory power of foreign courts in France, the United States, and the Hellenic Republic; 3) analyze the problems of filing lawsuits against the decisions of the Merit System Protection Commission (MSPC) with the Administrative Court, and the adjudicatory power of the Administrative Court, and 4) suggestion to develop guidelines for amending and improving Section 116 of the Civil Service Act B.E. 2551, focusing on the jurisdiction of the Supreme Administrative Court. This study is qualitative research using documentary research by researching and collecting information from the Civil Service Act B.E. 2551 and related laws and regulations including legal textbooks, independent study, theses, academic documents, academic articles journals and related electronic media, both Thai and abroad and in-depth interviews with experts for analyze and explore the problem solution.
      The results of the study found that: 1) The concept of the Administrative Court’s jurisdiction, theories on guarantees for Civil Servants, appeal procedures to the MSPC, litigation procedures to the Supreme Administrative Court is in accordance with the principle justice delayed is justice denied. 2) Civil Service Regulations and disciplinary proceedings and litigation in France, the United States, and the Hellenic Republic found to have the characteristics operations vary but every country has procedures for appeals and filing cases in court as a guarantee of government officials 3) which is a request to revoke the decision of the MSPC not to accept an appeal is not a case that the laws to be within the jurisdiction of the Supreme Administrative Court and which is the problem that requires a request to revoke the decision of the MSPC, which is within the jurisdiction of the Supreme Administrative Court, and also includes a claim for damages in connection with the unlawful act of the MSPC in deciding the appeal. This is another charge that is not within the jurisdiction of the Supreme Administrative Court, according to Section 116, paragraph two of the Civil Service Act B.E. 2551. The consideration of two levels of courts results in the dispute not being considered promptly. It does not comply with the objectives of the law and cause that government official to lose various rights. 4) Whether Section 116 (2) of the Civil Service Act B.E. 2551, concerning the jurisdiction of the Supreme Administrative Court, should be amended to include the aforementioned issue within the jurisdiction of the Supreme Administrative Court.