Administrative Litigation & Appeals

Administrative Litigation & Appeals

Administrative Litigation is a complicated and vast topic especially for a country like Thailand. Administrative Litigation refers to the exercise of an individual’s right to reject thereof an administrative agency of the government. Administrative litigation occurs when an individual files a case against the government or its agency and vice-versa. Administrative litigation is typically a type of proceeding that is brought to seek review of an agency's decision, whether that decision is to grant or deny a permit or a license or approval or a rule. It is a challenge brought to the agency. Such dispute will be taken to the Administrative Court of Thailand.

The Administrative Court of Thailand has the authority and duty to perform a judicial review of the legality of administrative acts. It has the competency to try and adjudicate cases involving disputes between an administrative agency or State official and a private individual or between an administrative agency and a State official. Disputes may be in connection with the issuance of a by-law, order, or any other act; with the neglect of official duties required by law or the performance of such duties with unreasonable delay; or with an administrative contract.

In accordance with the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542, Section 42:

Any person who is aggrieved or injured or who may inevitably be aggrieved or injured in consequence of an act or omission by an administrative agency or a State official or who has a dispute in connection with an administrative contract or other case falling within the jurisdiction of the Administrative Courts under Section 9 shall provide that the redress or alleviation of such grievance or injury or the termination of such dispute requires a decree as specified in Section 72, be entitled to file a case with the Administrative Courts.

In the case where the law provides for the process or procedure for the redress of the grievance or injury in any particular matter, the filing of an administrative case with respect to such matter may be made only after the action has been taken in accordance with such process and procedure and an order has also been given thereunder or no order has been given within a reasonable period of time or within such time prescribed by law.”

When filing a case to the Administrative Court, the Plaintiff must make sure that the plaint shall follow the regulation according to Section 45. A plaint shall be written in polite and courteous language and shall contain
the following:
(1) the name and address of the plaintiff;
(2) the name of the administrative agency or State official concerned which gave rise to
the filing of the case;
(3) all acts constituting the cause of action as well as necessary facts and circumstances
in connection therewith;
(4) the relief sought by the plaintiff;
(5) the signature of the plaintiff; in the case of filing of a case on behalf of another person,
an instrument of authorization shall be affixed thereto.

When filing an administrative case, Plaintiff needs to take note that the statute of limitation is only Ninety (90) Days from the date the action was known. According to Section 49. “An administrative case may be filed within ninety days from the date the cause of action is known or should have been known, or within the expiration of ninety days as from the day the plaintiff made a request in writing to an administrative agency or a State official for the performance of duties under the law and has not received a written explanation from the administrative agency or Stateofficialorhas received a written explanation but such explanation is considered by the plaintiff to be unreasonable, as the case may be unless otherwise provided by a specific law.”


Making an Appeal to the Administrative Court’s Judgment

Once the judgment from the Administrative Court has been issued, if the result was not acceptable for either of the parties involved, an appeal can be submitted.

Under the Section 66/11. “Appeal against a judgment of an Administrative Court of First Instance in a case where the Court has rendered its judgment in favor of mediation on the case issues that have been completed, either in whole or in part in accordance with Section 66/10, shall not be permitted except on the following grounds:
(1) there is an allegation of fraud against one of the parties;
(2) the judgment is alleged to infringe a provision of law concerning public order and good morals;
(3) the judgment is alleged not to be in accordance with the mediation agreement. An appeal against a judgment of mediation shall be submitted to the Court that has passed the judgment within thirty days as from the date of passing the judgment.”

Summary

Juslaws & Consult has been in the legal industry for many years. We have years of experience handling administrative cases and other legal cases. Our legal team can provide consultation regarding any legal issues or disputes you may have.We encourage you to consult with us if you have any questions or concerns regarding administrative cases or any other legal issues. Our team is always available and ready to assist you in any of your legal endeavors.