The Execution of Administrative Cases concerning Environmental Issues in Thailand: A Comparative Study between France and Germany
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Abstract
An effective administrative execution is the key process to sanctify the judgment or order of the Administrative Court. This research article aims to propose guidelines to develop the laws on execution of administrative cases concerning environmental issues in Thailand by analyzing and comparing the Thai law with the French law and German law. The research finding indicates that the Administrative Court of Thailand, France and Germany have the same environmental administrative execution with general procedure, as they have no specific environmental administrative procedural law. The environmental administrative execution in Thailand faces two main problems. Firstly, the state properties are not liable for execution. To solve this problem, the researcher suggests that it should be considered the German law which the state properties are liable to execution in case of necessity. However, the state properties which provided for public services or public interest are not liable for execution. Secondly, the government officials delayed execution because the environmental administrative execution requires a long consecutive period and the technical issues. Even in the similar dispute, the court may provide decrees or execution in different way. Therefore, the researcher suggests that the fine should only be imposed for punishing government officials who delayed execution without disciplinary action like French law and German law. The content of the decree should be followed the end of the lawsuit requesting for the administrative court judgment. In addition, it is necessary to provide knowledge related to environmental laws, science and engineering principles to all level of people involve in environmental administrative execution. These suggestions would be the solution for the environmental execution according to the judgment and the environment to be truly rehabilitated.
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References
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