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Pairoj Minden President of a chamber of the Administrative Court of First Instance in the Supreme Administrative Court 1.

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Presentation on theme: "Pairoj Minden President of a chamber of the Administrative Court of First Instance in the Supreme Administrative Court 1."— Presentation transcript:

1 Pairoj Minden President of a chamber of the Administrative Court of First Instance in the Supreme Administrative Court 1

2 2 Parties (1) Administrative agency or State official VS Individual (2) Between Administrative agency and State official themselves. (1) Administrative agency or State official VS Individual (2) Between Administrative agency and State official themselves. (1) An improper exercise of an administrative power (2) A wrongful act or other liabilities (3) An Administrative contract (4) A neglect of official duties & delay of their performance (1) An improper exercise of an administrative power (2) A wrongful act or other liabilities (3) An Administrative contract (4) A neglect of official duties & delay of their performance Administrative disputes

3 A. Being an aggrieved or injured person, or a person inevitably be aggrieved or injured or a person inevitably be aggrieved or injured B. The relief sought must be redressable C. The case submitting within the time limit D. The exhaustion of administrative remedies

4 A. Inquisitorial procedure A. Inquisitorial procedure B. Written documents B. Written documents C. Simply procedure applied : No lawyer, No court’s fees, Registered pos t C. Simply procedure applied : No lawyer, No court’s fees, Registered pos t D. Balance of powers among the Administrative judge 4

5 5 (a) Aggrieved or injured person (b) Inevitably be aggrieved or injured person (a) Aggrieved or injured person (b) Inevitably be aggrieved or injured person Traditional Standing Rules Environmental Standing Rules ( a) General one : -Injured person -broader interpretation (b) Specific one : -Community, -private organization, -Association, -NGOs, etc. ( a) General one : -Injured person -broader interpretation (b) Specific one : -Community, -private organization, -Association, -NGOs, etc.

6 (a) Central administrative Court’s Judgment No. 1763/2549 (b) Supreme Administrative Court’s Order and Judgment - Map Ta Phut Case - Sri Tawaravadee Case - Pig Farming Case (a) Central administrative Court’s Judgment No. 1763/2549 (b) Supreme Administrative Court’s Order and Judgment - Map Ta Phut Case - Sri Tawaravadee Case - Pig Farming Case 6

7 Foundation for Anti- Air Pollution and Environment VS Foundation for Anti- Air Pollution and Environment VS Bangkok Mass Transit Authority Foundation for Anti- Air Pollution and Environment VS Foundation for Anti- Air Pollution and Environment VS Bangkok Mass Transit Authority 7

8 A. Map Ta Phut Case : People, Anti-Global warming association VS the National Environmental Committee, etc. 8

9 a group of people assembling in order to study history and archaeology of Nakhonpathom province 9

10 People in Community VS local government 10

11 The Law Drafting Process - Personal injury may not be required - Filing is aimed to protect the environment or natural resources - The relief sought is only for the environmental restoration 11

12 THANK YOU 12


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