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The Administrative Court
The Administrative Court

 

Facade of the Administrative Court Premises

     

              The Administrative Court is the principle agency of the country having competence to try and adjudicate “administrative cases”. Administrative cases refer to disputes between a private individual and an administrative agency or a State official, or to a dispute between an administrative agency and a State official themselves. The nature of such cases necessarily involves the exercise of administrative power, neglect of official duties or an unreasonable delay in the performance of duties, an administrative tort or other liabilities incurred by an administrative agency or State official in relation to an administrative contract.

 

Structure of the Administrative Court  

 

      The Administrative Court is divided into two levels: 

1. The Supreme Administrative Court; and

2. The Administrative Courts of First Instance.

 

The Supreme Administrative Court

 

The Supreme Administrative Court is a single court and therefore it has no limit on its jurisdiction. A case within the competence of the Supreme Administrative Court must be filed directly with the Supreme Administrative Court, no matter where the plaintiff is domiciled or the cause of action arose. A case needs to be filed in accordance with the rules provided by the law. The Supreme Administrative Court deals with cases involving a dispute in relation to a decision of a quasi-judicial commission as prescribed by the General Assembly of Judges of the Supreme Administrative Court, cases involving a dispute in relation to the legality of a Royal Decree or by-law issued by the Council of Ministers or with the approval of the Council of Ministers, cases prescribed by the law to be within the jurisdiction of the Supreme Administrative Court and cases in which an appeal is made against a judgment or order of an Administrative Court of First Instance.

 

         In the Supreme Administrative Court, there are administrative judges in the following positions:

(1) President of the Supreme Administrative Court;

(2) Vice President of the Supreme Administrative Court;

(3) President of Chambers of the Supreme Administrative Court; and

(4) Judges of the Supreme Administrative Court.

 

The Administrative Courts of First Instance

 

            The Administrative Courts of First Instance are divided into the Central Administrative Court and Regional Administrative Courts.

(1) The Central Administrative Court has jurisdiction over six provinces including the Bangkok Metropolitan Area and five nearby provinces as well as other provinces outside the jurisdiction of Regional Administrative Courts. It can also accept to try and adjudicate the cases within the jurisdictions of Regional Administrative Courts which are filed with the Central Administrative Court.

(2) Regional Administrative Courts have jurisdiction over local provinces. However, it is not yet possible to open Regional Administrative Courts in all provinces across the country so the General Assembly of Judges of the Supreme Administrative Court has designated Regional Administrative Courts already in operation to have additional jurisdiction over nearby provinces as may be required. At present, there are fourteen Regional Administrative Courts:

 

Chiang Mai Administrative Court,

Songkhla Administrative Court,

Nakhon Ratchasima Administrative Court,

Khon Kaen Administrative Court,

Phitsanulok Administrative Court,

Rayong Administrative Court,

Nakhon Si Thammarat Administrative Court,

Udon Thani Administrative Court,

Ubon Ratchathani Administrative Court,

Phetchaburi Administrative Court,

Nakhon Sawan Administrative Court,

Suphan Buri Administrative Court,

Phuket Administrative Court, and

Yala Administrative Court.

 

            In each Administrative Court of First Instance there are administrative judges in the following positions:

(1) President of the Administrative Court of First Instance;

(2) Vice President of the Administrative Court of First Instance;

(3) President of Chamber of the Administrative Court of First Instance; and

(4) Judge of the Administrative Court of First Instance.

 

In an Administrative Court of First Instance, there must be at least three administrative judges in the Chamber. The President of Chamber will appoint one of the administrative judges of that chamber as a judge-rapporteur; often this will be the President of Chamber himself, but can be the Vice President or any of the judges in the Administrative Court. The President of the Administrative Court of First Instance will appoint a judge-commissioner of justice from among the administrative judges in that Court.

 

 The Office of the Administrative Courts

 

The Office of the Administrative Court acts as secretariat for the Administrative Court. The Office has the power and duties to support the Administrative Court in the performance of its duties.

The Office of the Administrative Courts is directed by the Secretary-General of the Office of the Administrative Court who, together with four Deputy Secretary-Generals and four advisors, is responsible for controlling and monitoring twenty units within the Office of the Administrative Courts.

The powers and duties of the Office of the Administrative Courts are divided into three principle fields as follows:

(1) Secretariat: Administer policy development, judicial budget, personnel and fiscal systems, technology, facilities, office management and prepare annual reports.

(2) Technical support: Study and collect documents and information beneficial for judicial performance, conduct analysis functions, publicize and disseminate judgments or orders, and administer training programs for judges, judicial assistants, and other court personnel.

(3) Case flow: Develop, coordinate, and monitor system-wide case flow time and clearance standards.

 





Modified date : 1 Apr. 2020 | Top Up |



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