Administrative Litigation and Appeal

It is not uncommon for companies and individuals in Thailand to experience challenges when dealing with administrative measures. In instances where a dispute occurs between an administrative body and a business entity or an individual, one may seek justification via administrative litigation. Like in other countries, administrative agencies in Thailand have the duty and authority to issue permits, and licenses, regulate business activities in multiple ways, for etcetera. The companies or individuals may face consequences or fail to achieve favorable outcomes with regard to administrative measures.

Fortunately, the reinforced administrative-related law helps protect the rights of citizens and companies by allowing them to challenge the decisions of government agencies through means of legal action. Nonetheless, it is important to consider both litigation and non-litigation approaches subject to the nature of the case. This requires the expertise of a legal practitioner who will be able to offer guidance on the optimal course of action to pursue in order to resolve the dispute.

The Administrative Court in Thailand was established as an independent juridical organization from other courts with the specified duties to conduct hearings and deliver judgments on administrative cases. The lawyer will help determine whether the plaintiff’s case should be filed under administrative or civil procedures. The Court of Justice will settle the dispute cases that fall out of the administrative court's jurisdiction.

Scope of Authority of the Administrative Court

Thailand’s Administrative Court is tasked with the duty to carry out control of power exercised by the administrative bodies. This includes the examination of the administrative acts committed under legal intent as well as any illegal malpractice or abuse of power. This may consist of the incapacity to fulfill contractual obligations or neglecting official duties without appropriate reasons.

With this authority, the Administrative Court has the ability to conduct trials and resolve disputes involving administrative agencies or State officials. In accordance with Section 9 of the Establishment of the Administrative Courts and Administrative Court Procedure Act B.E. 2542, the court has the competence to execute legal proceedings and deliver verdicts over the following matters:

1. Dispute cases related to misconduct of the administrative agencies in Thailand caused by an act beyond the scope of duties or failure to conform to procedures prescribed in the law which results in unnecessary burden or damage to the public
2. Dispute cases related to neglect of official obligations by the administrative agencies as required by the law or unreasonable delay in performing such duties
3. Dispute cases related to misconduct or other obligations of the administrative agencies caused by an act of duty committed under the law or administrative order
4. Dispute cases related to an administrative contract
5. Any cases required by the law to be submitted to the Administrative Courts by an administrative agency instructing a person to perform a certain act or refrain from committing such an act
6. Any cases related to the affairs specified by the law to be prosecuted under the jurisdiction of the Administrative Court

Administrative Court Structure

The Administrative Court is divided into two levels which are the Supreme Administrative Court and the Administrative Court of First Instance.

• The Administrative Court of First Instance handles all cases within the jurisdiction of the Administrative Court except those that are required to be adjudicated by the Supreme Administrative Court.
• The following cases will be tried and settled by the Supreme Administrative Court:
• Dispute cases related to a decision of a quasi-judicial commission
• Dispute cases related to the legitimacy of a Royal Decree or the rules issued or approved by the Council of Ministers
• Cases specified by the law to be within the Supreme Administrative Court’s jurisdiction
• Cases in which an appeal is filed against a verdict or an order of an Administrative Court of First Instance

Filing an Administrative Case

Under Section 42 of the applicable law, private individuals described below may lodge a complaint to an Administrative Court.

• Any person who is aggrieved or injured due to an act or omission to act by an administrative agency or State Official
• Any person who may potentially be aggrieved or injured due to an act or omission to act by an administrative agency or State Official
• Any person whose dispute is related to an administrative contract
• Any person who is involved in a case that falls within the jurisdiction of an Administrative Court

In an event where the law indicates a particular process for the remedy of a certain injury or grievance, the plaintiff must act according to the prescribed procedures and conditions before filing an administrative case to the respective court.

The administrative case should be filed within 90 days from the date the cause of action is known or within 90 days from the day a written request was submitted by the plaintiff to the administrative agency or State Official to perform certain duties in accordance with the law and such request was unreasonably rejected or disregarded.

Appeals to the Administrative Court

An appeal request can be proposed if either party is unsatisfied with the ruling of an Administrative Court. In the case an appeal is made against a judgment issued by the Administrative Court of First Instance, the enforcement of such judgment will be suspended until the case is finalized.

The parties may directly file an appeal to the Administrative Court of First Instance that has passed the verdict or issued an order for the relevant case. The appeal must be submitted within 30 days from the date the judgment or the order was issued.

Nonetheless, the Supreme Administrative Court has the authority to reject the appeal should the court consider the request to be inappropriate or not have sufficient grounds. The order of the Supreme Administrative Court shall be deemed final.

The measures and procedures for administrative cases are subject to specific laws which can be complex for the general public to comprehend. This may lead to individuals losing their rights to file a lawsuit or request for the review of the administrative agency’s order. Therefore, private individuals or entities should promptly seek advice from a trusted attorney to determine if their particular cases can be prosecuted under the jurisdiction of the Administrative Court.

Siam Legal has broad experience defending clients against administrative bodies where we assisted our clients in navigating complex legal proceedings. Utilizing in-depth knowledge of the law, our team of seasoned professionals is competent in resolving dispute cases whether through litigation or various means of mediation. We are more than prepared to serve you and answer any inquiries you may have. Please contact us to discuss how we can successfully settle your case and protect your rights.

If you have questions related to administrative litigation, feel free to contact us.