Getting to know the Administrative Court of Thailand
The Administrative Court is an independent judicial organization separate from the Court of Justice. The Court has the competence to try and adjudicate administrative cases involving a dispute between an administrative agency or State official and a private individual, or a dispute between an administrative agency and an individual State official. Such disputes may be in connection with the issuance of a rule or order, with unlawful acts, negligence of official to perform duties required by the law or to an unreasonable delay in performing such duties. Disputes may also be in connection with a wrongful act or other liability arising from the exercise of power under the law or disputes in relation to an administrative contract.
Administrative cases are normally initiated in an Administrative Court of First Instance, unless provisions of law specifically state that a plaint should be filed directly with the Supreme Administrative Court. There are four types of administrative cases which fall under the competence of the Supreme Administrative Court. These are:
- A case involving a dispute in relation to a decision of a quasi-judicial commission as prescribed by the General Assembly of the Judges of the Supreme Administrative Court;
- A case involving a dispute in relation to a decision of a Royal Decree or by-law issued by the Council of Ministers or with the approval of the Council of Ministers;
- A case prescribed by law to be within the jurisdiction of the Supreme Administrative Court;
- A case in which an appeal is made against a judgment or order of an Administrative Court of First Instance.
