Appeal of Administrative Orders within the Administration: a Comparative Study of Principles, Authorities, and Appeal Periods between Thai Laws and Foreign Laws

Abstract

            This abstract aims to study and compare the concepts, methods, and legal consequence of appeal of administrative order within the administrative department of Thailand in order to suggest a form of appeal of administrative order in the administrative department that is appropriate for Thailand laws.

            The study found that The first issue: The problem about use of the mandatory appeal system in Thailand where an appeal is a required step in order for a party to have the right to file a lawsuit with the administrative court causing problems in the protection and compensation for those affected by administrative order that have not been appealed within the deadline for whatever reason. The second issue: The problem of the neutrality of the person having the authority to consider the appeal of administrative order, which Thai law defines as the person who issued the order, and the relief of enforcement of administrative order that Thai law does not automatically provide for when an appeal occurs, all of these have an impact on the parties who wish to appeal the administrative order. The third issue: The problem of the time limit for appealing administrative order which Thai law stipulates to be only 15 days, it may be too short for the parties to prepare for the appeal in time.       

            From the study of the above problem groups, the author has considered the laws related to appeal in the administration department of Germany, Franch, Italy, Japan, and Spain, in order to study and compare and improve the problematic procedures of Thailand. By proposing to change an appeal system to an alternative system, designate a commanding officer as the authority to consider an appeal of administrative order, provide for the relief of administrative order by presenting the evidence for consideration, and extend the period for appeal in the administrative department to 30 days.