Suspension of Enforcement of Administrative Rules or Orders and Temporary Injunction in the Administrative Court
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Abstract
This research article examines the exercise of authority by the Administrative Court to issue measures or procedures for providing temporary relief prior to judgment. Section 66 of the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999), empowers the Court to prescribe temporary measures or procedures. These must follow the criteria and procedures set by the Regulations of the Plenary Meeting of Judges of the Supreme Administrative Court. Under Chapter 5 of the Regulations on Administrative Court Procedure, B.E. 2543 (2000), temporary pre-judgment measures are divided into two categories. The first is suspension of the enforcement of administrative rules or orders, which temporarily delays or halts enforcement. The second is temporary relief, in which the Court issues protective measures to alleviate harm to a petitioner before judgment. These measures also safeguard the petitioner’s interests during proceedings and ensure the enforceability of the eventual decision. Although both measures share similar objectives, they differ in details, criteria, and procedures.
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