Thai Judicial Reforms to Respond Thai Judicial Reforms to Respond to Environmental Challenges : to Environmental Challenges :

Institutionalizing Environmental Institutionalizing Environmental Expertise through Specialization Expertise through Specialization

and Environmental Courtand Environmental Court

Kasem Comsatyadham Vice President of the Supreme Administrative Court of Thailand

11

StructuresStructures

a. Historical Development of a. Historical Development of Thai Administrative JusticeThai Administrative Justice

b. The Administrative Court’s b. The Administrative Court’s

Environmental Jurisdiction Environmental Jurisdiction and Procedures and Proceduresc. The Administrative Court to c. The Administrative Court to

Respond to Environmental Respond to Environmental ChallengesChallenges

22

Establishment of a Council of State under a Establishment of a Council of State under a Royal Proclamation in 8Royal Proclamation in 8thth May 1874 May 1874

After the change of the regime from After the change of the regime from Absolute Monarchy into Constitutional Absolute Monarchy into Constitutional Monarchy in 1932Monarchy in 1932

The present day Administrative CourtThe present day Administrative Court ((TThe 1997 Constitution of Thailandhe 1997 Constitution of Thailand))

33

Historical Development Historical Development of Thai Administrative Justiceof Thai Administrative Justice

The Administrative Court’s The Administrative Court’s Environmental Jurisdiction Environmental Jurisdiction

and Proceduresand Procedures

44

Multi-Court System under the Constitution of the Multi-Court System under the Constitution of the Kingdom of Thailand B.E. 2540 (1997)Kingdom of Thailand B.E. 2540 (1997)

ConstitConstitutional utional CourtCourt

JudicialJudicialCourtsCourts

AdministrAdministrative ative

CourtsCourts

Military Military CourtsCourts

SupremSupreme Courte Court

Supreme Supreme AdministrAdministr

ative ative CourtCourt

Supreme Supreme Military Military CourtCourt

Central Central Military Military CourtCourt

Courts Courts of First of First InstancInstanc

ee

Court Court of of

AppealsAppeals

Military Military Courts Courts of First of First

InstanceInstance

AdministrAdministrative ative

Courts of Courts of First First

InstanceInstance55

Structure of the Administrative CourtStructure of the Administrative Court

The Supreme Administrative Court

Administrative Courts of First Instance

Central Administrative Court 9 Regional Administrative Courts

- Chiang Mai AC- Nakhon Ratchasima AC- Khon Kaen AC- Phitsanulok AC- Rayong AC- Nakhon Si Thammarat AC- Songkhla AC - Udon Thani AC- Ubon Ratchathani AC

66

The RayongAdministrative Court

The Chiang Mai Administrative Court The Khon Khaen

Administrative Court

The Nakhon RatchasimaAdministrative Court

The Phitsanulok Administrative Court

The Nakhon Si ThammaratAdministrative Court

The SongkhlaAdministrative Court

CentralAdministrative Court

The SupremeAdministrative Court

The Udon Thani Administrative Court

The Ubon Ratchathani Administrative Court

The Central Administrative Court

77

Administrative Court’s JurisdictionsAdministrative Court’s Jurisdictions

I. Jurisdiction : An unlawful act issued or performed by an I. Jurisdiction : An unlawful act issued or performed by an administrative agency/State official in bad faith or administrative agency/State official in bad faith or in a manner indicating unfair discrimination or in a manner indicating unfair discrimination or causing unnecessary process or excessive burden to causing unnecessary process or excessive burden to the public or amounting to undue exercise of the public or amounting to undue exercise of discretiondiscretion

II. Jurisdiction : Administrative agency/State official neglecting II. Jurisdiction : Administrative agency/State official neglecting official duties required by the law to be performed official duties required by the law to be performed or performing such duties with unreasonable delayor performing such duties with unreasonable delay

III.Jurisdiction : A wrongful act or other liabilities of III.Jurisdiction : A wrongful act or other liabilities of administrative agency/State official arising from administrative agency/State official arising from

the exercise of power under the law or from a bylawthe exercise of power under the law or from a bylaw

IV. Jurisdiction : Administrative ContractIV. Jurisdiction : Administrative Contract

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The Characteristic of Thai The Characteristic of Thai Administrative CourtAdministrative Court

Inquisitorial SystemInquisitorial System SymplicitySymplicity No Court FeeNo Court Fee Written DocumentsWritten Documents Balancing Between the Chamber and Balancing Between the Chamber and

The Commissioner of JusticeThe Commissioner of Justice

99

• The establishment of the environmental division within the First Instance Administrative Court and the Supreme Administrative Court on 5 July 2011.

• The environmental division is officially operated nationwide on 2 August 2011.

The Establishment of the Environmental Division in the Administrative Court

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• Administrative case concerning environmental issues

• Completeness of a plaint

• Standing to Sue

• Time-limit to file a plaint

• Application for the exemption from Court fees• Provisional measure or means before delivery of judgment

• Timetable of case proceedings

• Inquiring into facts

Recommendation of the President of the Supreme administrative Court on the Recommendation of the President of the Supreme administrative Court on the Administrative Court Proceedings concerning Environmental IssuesAdministrative Court Proceedings concerning Environmental Issues

1111

The Administrative Court’s The Administrative Court’s Environmental ProceduresEnvironmental Procedures

The Administrative Court The Administrative Court to respond to respond

to Environmental Challengesto Environmental Challenges

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Environmental Environmental Cases Cases Admissible to Admissible to the Administrative Court the Administrative Court

(2001-1 August 2011)(2001-1 August 2011)

From the opening of the Administrative Court in 2001 From the opening of the Administrative Court in 2001 to the date before the operation of the environmental to the date before the operation of the environmental division in 2011 division in 2011

Pending = 1,847 Cases

Finalised = 7,543 Cases

19.67 %

80.33%

Environmental Cases Admissible = 9,390 cases

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Environmental Cases Admissible to Environmental Cases Admissible to the Administrative Courtthe Administrative Court

(2 August 2011 – 31 May 2012)(2 August 2011 – 31 May 2012)

From the opening date of the environmental division From the opening date of the environmental division (2 August 2011) to 31 May 2012 , environmental cases (2 August 2011) to 31 May 2012 , environmental cases admissible are 986 casesadmissible are 986 cases

5.98 %94.02

%

Pending = 927 Cases

Finalised = 59 Cases

environmental cases admissible = 986 cases

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Thank you for your Thank you for your attentionattention

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