The Reopening of Administrative Court Proceeding

Abstract

The objectives of this research were to study the concepts, theories, foreign and Thai laws related to the reopening of Administrative Court proceedings, to analyze the problems related to the legal doctrines and the judgments of the Thai Administrative Court, and to summarize the shortcomings of Article 75 of the Act on the Establishment of the Administrative Court and Administrative Court Procedure B.E. 2542, including recommendations for its amendment. It was found that the details of the law are unclear at several points i.e., the party who has interest or may be affected by the result of case; the real party; the right of third party to submit a request; the challenge that the Administrative Court was mistaken in hearing fact; the argument that there appears fresh evidence; the argument that there were errors in the process of trial and judgment; the argument that subsequent essential changes in the facts or the law results in judgment or order being contrary to the law then in force; the stipulation to the date for the beginning of the calculation of the period of the time for filing a request for a new trial; and the authority of the court in granting a new trial and the court which will conduct the new trial. The researcher proposes for amendment as follows: There should be clear criteria for the request for a new trail, the court shall have the jurisdiction to consider the request for a new a trial, and the consideration of a request based upon any errors should be rested with the Supreme Administrative Court.