Legal Measures Regarding the Decentralization Law Under the Act on the Determination of Plans and Procedures for Decentralization to Local Administrative Organizations
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Abstract
This research aims 1) to study the concepts, theories, and research works on decentralization law 2) to study the factual problems and legal problems on decentralization law 3) to study and compare legal measures on decentralization law in Thailand and other countries and 4) to propose appropriate foreign legal guidelines to be adapted to the laws of Thailand. The qualitative research method was to study documents, legal texts, academic texts, research, and electronic media in Thailand and other countries. Focus group discussions were conducted along with in-depth interviews. There were 5 sample groups in total: professional lawyers, local government officials, central/regional government officials, local politicians, and university lecturers/independent academics. The results of the research found that.
The research results found that 1. Studying the theory of decentralization with three main reasons 2. The enactment of the Act on the Decentralization Plan and Procedure for Local Administrative Organizations B.E. 2542 (Amended No. 2) B.E. 2549 and other laws related to decentralization to local governments with powers, duties and missions, transfer of work, people, income, budget, personnel management, allocation of budget, income from the government and supervision from the central and regional levels were not as successful as they should be. 3. The laws of the French Republic and Japan are appropriate to be used as guidelines for amending the law. 4. Therefore, it is recommended to amend Article 30 so that it does not have to specify a time frame for the transfer of duties, but rather requires the completion of the operation within four years. Article 35 requires the control and limitation of salaries and wages to be appropriate for the size of the population and local contexts, and the supervision must be more flexible. The new knowledge gained from this research is the decentralization model, the transfer of duties, tax collection and supervision according to the guidelines of the French Republic and Japan.
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