The Reopening of Administrative Court Proceeding

  • สุทธิพงษ์ บุญพอ
  • ประสาน บุญโสภาคย์
  • ประสาท พงษ์สุวรรณ
Keywords: The reopening of court proceedings, fresh evidence, real party, third person.

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.

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References

Hongsiri, Rưthai. (2555). Administrative Court and Proceeding in the Administrative Courts. 4thed. Bangkok: Thai Bar Under the Royal Patronage. (in Thai)
Iammayura,Jantajira et. al. (2549). Analysis of the Judgment of Administrative Court of Foreign Countries. Bangkok: Thammasat University Research and Consultancy Institute present to The Administrative Court Office. (in Thai).
Petcharit, Narongrit (2554). The New Trial and Judgment or New Order Issuing in Administrative Court (Section 1-2). Retrieved September 1, 2556, from https://www.pub-law.net/ (in Thai).
The Secretariat of the House of Representatives. Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. …., Minutes of the 7th Ordinary General Meeting of the House of Representatives, Volume 20, Second Year. July 16, 1998, Parliament Building.
The Secretariat of the Senate. Draft Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E., Minutes of the 2nd Ordinary General Meeting of the Senate. 2 July 1999, Parliament Building.

Wongsawatgul,Eakaboon et. al. (2549). Comparative Laws on Administrative Court Procedures. Bangkok: Thammasat University Research and Consultancy Institute present to The Administrative Court Office. (in Thai).
Published
2018-10-11
Section
Research articles