Solution for injured person in filing cases under the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999)

Soonthon Boonchan and Pemika Sanitphot

Abstract

This independent research aims to study and analyze the problems of the rights of the injured person under the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999) as well as studying the solution to the exercise of the rights of the injured person under the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999).  This research was a qualitative study that in-depth interviews were conducted with two sample groups. The key informants comprise of injured person who experience with filing a case with the Administrative Courts and groups involved in administrative proceedings such lawyers in public sectors and private sectors. The total number of sample groups was 12 key informants. It noted that the problems of the rights of the injured person under the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999) were caused by legal provision and injured person. The ambiguity of the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999) included unclear definition of injured person under Section 42 and the period of administrative procedure in the Administrative Court as well as the appeal period of the Administrative Court. As for the problem arising from the injured person, it found that the injured persons were lack of knowledge and uncomprehend toward the administrative law, procedure and system of the Administrative Courts.  The two aforesaid factors impact on the rights of injured persons who litigate a case to the Administrative Courts.   For the effective resolution, the law on the definition of injured persons according to Section 42 must amend clearly and specifying the period for consideration of complaints within 30 days and extending the period for appeal judgment or order of the Administrative Court up to 60 days. Moreover, an assistant center must be established to help people and injured people such as providing knowledge and understanding of administrative law, consultation of administrative cases.