Problems of Enforcement of Summons Orders of Committees under the Summoning Orders of Committees of the House of Representatives and Senate Act B.E. 2554

Abstract

   This article aims to study the mandatory conditions of the Act on Summons of Committees of the House of Representatives and the Senate, B.E. 2554 (2011) by collecting and summarizing legal provisions. The study is based on the Constitutional Court's ruling No. 17/2563, which determined that the committee does not have the authority to issue "Summons Orders" as it violates Section 129, paragraph four, of the Constitution of the Kingdom of Thailand, B.E. 2560 (2017). They are only authorized to "summon," which involves inviting or requesting individuals to submit documents or provide factual statements or opinions to the committee. This has led to the issue of individuals failing to comply with committee summons due to the lack of enforceability. As a result, it is necessary to establish legal and other measures to enhance the effectiveness and enforceability of committee summons orders.

   The study found that the enforceability of summons orders could be enhanced through legal measures, such as amending the Royal Act on Summons to allow for the application of criminal penalties against violators or revising Section 129, paragraph four, of the Constitution of the Kingdom of Thailand, B.E. 2560 (2017). Alternatively, other mechanisms could be employed to compel compliance, such as implementing ethical codes of conduct, imposing disciplinary penalties for individuals summoned who hold civil servant status, and defining qualifications for representatives authorized to provide factual statements on behalf of those summoned. These measures aim to ensure the efficiency and effectiveness of the committees' problem-solving processes in a targeted and comprehensive manner.