The Guidelines of the Government Officials Discretion within the Framework of Law: The Case Study of the Entrepreneurs Assistance Measures in the Epidemic Situation of the Coronavirus Disease 2019

Abstract

               The purpose of this research was (1) to study the Entrepreneurs Assistance Measures.; (2) to study the problem of the Government Officials Discretion.; and (3) to offer the guidelines for the Government Officials Discretion within framework of law according to the Entrepreneurs Assistance Measures in the Epidemic Situation of the Coronavirus Disease 2019. This is documentary research. From this situation, the government has issued the measures for public health management, economy and society. A curfew has been announced under the Royal Decree on Public Administration in Emergency Situations B.E. 2548. From the spread of the virus, the entrepreneurs and various business groups are affected in all sectors. The government has imposed remedial measures in order to alleviate suffering from time to time continuously such as; the low-interest credit measures, the suspending on principal debt with reduce interest rates and extending the repayment period measures, the Rao-Chana Project, the section 33: We Love Each Other project and the measures of determine fine rates according to the Government Procurement and Supplies Management Act, B.E. 2560, etc.

               The research results found that the implements in various measures to remedy the situation still encounter the problem of adoption. Due to conduct of the Emergency Decree on Public Administration in Emergency Situations B.E. 2548, which is the law on maintaining state security but used to apply with the epidemic of communicable diseases situation, which is the public health threat. This Law was not set up to solve the problems of contagious diseases. These was not only cause to effect in unclear law enforcement of the authorities, but also contained the provisions excluding the jurisdiction of the Administrative Court. As a result, the Administrative Court was unable to control and inspect the exercise of the executive's discretion. For including problems, the authorities were not using the discretion due to lack of knowledge and understanding in discretion. Furthermore, as the reason at delay in exercising discretionary powers for assisting entrepreneurs despite that empowered by law.

               The researcher has recommendations that the Government should be reviewed the measures if there are infectious disease outbreak situation that will occur in the future.; Propose to amend the other laws that will be applied when the epidemic situation of a communicable disease occurs.; Separate the public health emergency management mechanism from the normal national security emergency system in clearly.; Raise the importance of mitigating impacts that damage on people and businesses. Besides this, the Government should plan for long-term support in order to formulate remedial measures to cover various businesses that must be closed their business due to the lockdown measures.