Principles of Administrative Contract and Split Ruling : Effect on Equality in Bringing Case to Court

Abstract

This academic article aims to study the concrete principles determined as a condition for separating an administrative contract from a civil contract to ensure the same direction of an administrative law user.

According to the study, it was found that administrative contract was one of the administrative actions like other administrative actions. In principle, the Administrative Court should be responsible for verifying the legitimacy pursuant to the Constitution without excessively adhering to concession contract, public service contract or provision of public utilities or exploitation of natural resources. This causes the principle of administrative action fall under the examination of the Court of Justice and the true intention of separating administrative case from civil cases. The equality in bringing case to court to examine administrative acts in the form of contract still fails to occur in Thai administrative law principles.

The author suggests that law users should not adhere to the definition of an administrative contract under Section 3, Administrative Court Establishment and Procedure Act, B.E. 2542 (1999) but also consider the definition provided by the Supreme Administrative Court general meeting. The qualities or types of property or duty of the contract parties should not be considered as a condition of ruling which cause certain administrative acts fall under the examination of the Court of Justice which contrary to the principles and objectives of the establishment of the Administrative Court as provided in the Constitution.