Problems on Applications of Administrative Enforcement Measures on State Officials under the Act on Liability for Wrongful Act of Officials B.E. 2539

Abstract

The objectives of this thesis on Problems on Applications of Administrative Enforcement Measures on State Officials under the Act on Liability for Wrongful Act of Officials B.E. 2539 are to (1) study theories and principles of administrative enforcement measures in Thailand and in foreign jurisdictions where state agencies are allowed to unilaterally take actions on tortfeasing state officials who refuse to comply with the enforcing administrative orders, (2) study theories and legal principles on the use of administrative enforcement measures under the Administrative Procedure Act B.E. 2539 and the use of administrative enforcement measures on tortfeasing state officials under the Act on Liability for Wrongful Act of Officials B.E. 2539, (3) analyze legal matters in relation to administrative enforcement procedures by state agencies on tortfeasing state officials by comparing with the process where state agencies choose to file a lawsuit to the Court enforcing the  tortfeasing state official to comply with the enforcing administrative order, and (4) give suggestions and solutions to legal problems arising from the use of administrative enforcement measures on the tortfeasing officials and third persons who may be affected by the use of such measures. 

The study found that for the use of administrative enforcement measures on state officials of the administrative orders to make a payment for damages arising from state official’s tortious acts under the Act on Liability for Wrongful Act of Officials B.E. 2539 (1996), some state agencies that cannot effectively apply the enforcement measures on liable state officials have to file lawsuits to the Administrative Court asking for court’s decree on measure of enforcement to enforce such tortfeasing state officials. This causes the delay to the process. The proposed solutions are that: (1) state agencies have to use the administrative enforcement measures on state officials before filing a lawsuit to the Court; (2) there should be a general regulations on applications of administrative enforcement measures; (3) there should have law amendments and practice guidelines on applications of administrative enforcement measures on state officials; (4) the clearinghouse on applications of administrative enforcement measures on state officials should be set up; and (5) mutual agreements among state agencies on applications of administrative enforcement measures on state officials should be introduced.