Quadrimester Newsletter Vol. 1 : October 2013 - January 2014

Towards Cooperation between the Supreme Administrative Court of the Kingdom of Thailand and the People’s Supreme Court of Lao People’s Democratic Republic

by Yossak Menadat

During the past few years, both the President of the Supreme Administrative Court of Thailand and President of the People’s Supreme Court of Lao PDR have exchanged visits. Initially, on 13 June 2012, Mr. Khamphanh Sitthidampha, President of the People’s Supreme Court, together with his delegation paid a courtesy call on Mr. Hassavut Vititviriyakul, President of the Supreme Administrative Court. Then, the President of the Supreme Administrative Court and his delegation paid an official visit to the People’s Supreme Court during 25 – 27 February 2013. On this occasion, the Memorandum of Understanding on Legal, Judicial, and Administrative Judicial Management Cooperation was signed between the Office of the Administrative Courts and the People’s Supreme Court in Vientiane. Therefore, an era of cooperation in the justice process of the two countries has commenced in preparation for the economic cooperation that will gain momentum in 2015 with the coming of the AEC. The MOU provides for mutual assistance in promoting legal, judicial, and administrative judicial management. After the signing of the MOU, Mr. Bouanthong Chanthamalinh, Permanent Secretary of the Lao People’s Supreme Court, together with his delegation paid a courtesy call on the President of the Supreme Administrative Court and had discussions on the Lao People’s Supreme Court system on 22 August 2013 in Bangkok. On 5 – 6 September 2013, in Luangprabang Province, the Lao People’s Supreme Court organized an Awareness Raising Workshop on the Administrative Court in which experts in administrative law and public law from Thailand, France, Germany, Japan and Vietnam were invited to participate. Mr. Suchat Mongkollertlop, Judge of the Supreme Administrative Court, together with his delegation, attended the workshop in order to provide knowledge about the Administrative Court of Thailand, survey needs and collect data on various Laotian organizations.

These visits allowed the Administrative Court of Thailand to cooperate with and assist the Lao People’s Supreme Court in its effort to establish an administrative case division within 2018. The Lao PDR’s strong commitment to establishing this division was seen from the rapid and keen response from every organization visited by Thai representatives. Laotian organizations have collected legal and judicial data relating to their country, as well as relevant information from other countries, in order to improve Lao laws. The Administrative Court of Thailand has appointed a committee to take charge of the mission as prescribed by the MOU.

At present, Thailand is a member of the International Association of Supreme Administrative Jurisdictions (IASAJ) and in the near future, Lao PDR may become a new member of this association. The AEC will not only bring about economic cooperation within the region, but also cooperation in the area of law. The success of the mission detailed in the MOU will be an important historic event in the legal and judicial history of the Lao People’s Supreme Court and the Administrative Court of Thailand. It will also exemplify technical cooperation among AEC member states.

Translated by Nipaporn Rattanapuapun

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An Unlawful Notification of Ministry

The store of a Plaintiff (Ms. T.) was searched and some hazardous substances were taken for examination by officials of Department of Agriculture. Later, an official of the Economic Crime Division issued a summons notifying the Plaintiff that she was in possession of a type 4 hazardous substance as prescribed by the Notification of Ministry of Industry Re: List of hazardous substances, B.E. 2546 (2003) and the Notification of Ministry of Industry Re: List of hazardous substances No. 2, B.E. 2547 (2004). According to Sections 43 and 74 of the Hazardous Substance Act, B.E. 2535 (1992), whoever produces, brings into the Kingdom or possesses hazardous type 4 substances is liable to a prison term not exceeding ten years or a fine not exceeding one million baht, or both. The substances that belonged to the Plaintiff were previously classified as type 3 hazardous substances which the Plaintiff was legally able to have in her possession for sale as prescribed by the Notification of Ministry of Industry Re: List of hazardous substances, B.E. 2538 (1995). Afterwards, however, Defendant No. 1 (Minister of Industry) issued a Notification nullifying the list of hazardous substances attached to the former Notification and issued a subsequent Notification stipulating that the type of the hazardous substances belonging to the Plaintiff were classified as type 4 hazardous substances. The Plaintiff claimed that the contents of the disputed Notifications were in English-Thai and without any clear definition or explanation in Thai so she was not able to read or understand them and could not comply with the Notifications. Such Notifications were unlawful. The Plaintiff requested the Administrative Court to revoke the Defendant’s Notifications.

The Supreme Administrative Court held that as a provision of general applicability, without reference to any specific case or person, the Notifications of the Ministry of Industry Re: List of hazardous substances exhibited the characteristic of a “by-law” and that as such should be clear enough for a person to perform or refrain from performing an act. Even though such Notifications were made in Thai with a sufficiently clear listing of hazardous substances, the specification of the list of hazardous substances in English attached to the Notifications, without any definition or explanation in Thai, especially regarding pesticides, was not adequately clear for a person to be able to understand. Consequently, the disputed Notifications were unlawful.

The Supreme Administrative Court reversed the judgment of the Administrative Court of First Instance, and ordered revocation of the disputed Notifications of the Ministry of Industry. (Supreme Administrative Court Judgment No. Or. 773/25554, dated 3rd December B.E. 2555 (2012))

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Summarized by Ms. Nattaporn Aroontong, Administrative Case Official Professional Level, Public Law Study Group 2, Public Law Study Center, Bureau of Research and Legal Studies, Office of the Administrative Court.

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Thai administrative judges to attend the 14th International Conference of Chief Justices of the World (ICCJW) in Lucknow, India

by Saenghirun Sakarin

Mrs. Maneewon Phromnoi, Judge of the Supreme Administrative Court, and Mr. Pairoj Minden, President of the Chamber of the Administrative Court of First Instance attached to the Supreme Administrative Court, are scheduled to attend the 14th International Conference of Chief Justices of the World (ICCJW) to be held on 13th – 17th December in Lucknow, India.

The 14th International Conference of Chief Justices of the World will be held in accordance with Article 51 of the Indian Constitution under the theme of “Enforceable World Law and Effective Global Governance are the need of the hour to safeguard the future of the world’s over 2 billion children and generations yet-to-be-born”. It is with this intent that CMS organized the above conference to usher in an era of unity and world peace on the following issues: 1) Creating a Culture of Unity & Peace; 2) Establishing Rule of Law; 3) Global Governance Structure; 4) Tackling Global Issues; 5) Towards International Law Enforceability; and 6) Sustainable Development.

Organized by the World Unity Education Department (WUED) of City Montessori School (CMS), this conference will witness a number of legal luminaries, chief justices of the world and leaders and peace promoters who collectively share the idea of peace made through an appeal by CMS students on behalf of over 2 billion children of the world, their parents and guardians and generations yet-to-be-born, to safeguard their future from international terrorism, ecological disaster, violence and threats of a nuclear war which is challenging the very existence of human beings and humanity at large. The underlying purpose of the conference is to bring about world unity and world peace and a safe and secure future for humanity, especially for our present and future generations of children.

Participants in the 14th ICCJW will devote their precious time and efforts to making the conference a grand success. At least, it will send resounding vibrations across the world by laying emphasis on the urgent need for world unity and world peace.

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The 3rd Chief Justices Roundtable on Environment: “ASEAN’s Environmental Challenges and Legal Responses”

by Anakkawee Keattiweerasak

The Administrative Court of Thailand in collaboration with the Asian Development Bank (ADB) hosted the 3rd Chief Justices Roundtable on Environment: “ASEAN’s Environmental Challenges and Legal Responses” during November 15 – 18, 2013, at the Royal Orchid Sheraton Hotel and Tower, in Bangkok. Environment chief justices from ten countries in the ASEAN Region and distinguished representatives from environmental agencies and judicial organizations in Thailand participated in the Roundtable.

Nowadays, environmental problems have become a major concern for all countries, including member states of ASEAN Community. In addition to environmental degradation, ecological loss, natural disasters, and other long-term environmental crises, “environmental disputes” are one of the inevitable negative consequences of people’s excessive exploitation of natural resources. As a dominant player in administration of justice, courts are therefore required to engage in environmental dispute resolution. To ensure effective judicial proceedings and fairness for all parties in environmental cases, judges - especially green judges - must have a good understanding of environmental issues and knowledge of relevant or applicable laws.

The 3rd Roundtable Discussion was provided as a forum for experience sharing and exchange of opinions among environmental justices in the ASEAN Region. The aim of the roundtable was to encourage a better understanding of current environmental challenges (i.e. climate change, air pollution, water contamination, and so forth) and bring about an increased awareness of the actual situations faced by ASEAN environmental justices in handling environmental disputes. Moreover, the 3rd Roundtable Discussion was intended to enhance further cooperation among ASEAN judiciaries in dealing efficiently with environmental judicial proceedings in the ASEAN Region.

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Activities

October 2013 – January 2014

On 2nd October 2013, at 18.30 hrs., Mr. Vichai Chuenchompoonut, Vice President of the Supreme Administrative Court, participated in a celebration organized by the Republic of Korea at the Shangri la Hotel, Bangkok. The event was hosted by H.E. Mr. Jeon Jaeman, Ambassador of the Republic of Korea and his spouse.

On 3rd October 2013, at 18.30 hrs., Mr. Hassavut Vititviriyakul, President of the Supreme Administrative Court, participated in celebrating of the Day of German Unity as invited by H.E. Mr. Rolf Schulze, Ambassador of the Federal Republic of Germany, at the Grand Hyatt Erawan Hotel, Bangkok.

On 3rd October 2013, the Director of the Bureau of Foreign Affairs, Office of the Administrative Courts, conferred with Mr. Henning Glaser and Dr. Duc Quang Ly from the German-Southeast Asian Center of Excellence for Public Policy and Good Governance (CPG) in order to strengthen relations and maintain technical cooperation according to the existing MOU, especially in regard to the project on CPG Spring School and Judicial Enhancement on Environmental Adjudication.

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Activities (continued)

On 11th October 2013, at 10.00 hrs., H.E. Mr. Enno Drofenik, Ambassador of the Republic of Austria, paid a courtesy call on Mr. Hassavut Vititviriyakul, President of the Supreme Administrative Court, at the President’s reception room, 10th floor, on the occasion of the assumption of his post in Thailand.

On 25th October 2013, at 18.30 hrs., Mr. Hassavut Vititviriyakul, President of the Supreme Administrative Court, attended the Austrian National Day celebration as invited by H.E. Mr. Enno Drofenik, Ambassador of the Republic of Austria, at the Grand Ballroom, Intercontinental Hotel, Bangkok.

On 29th-30th October 2013, Prof. Xavier MAGNON and Prof. Grégory KALFLECHE, University of Toulouse 1 (Capitole) France, paid an official visit to the Office of the Administrative Courts in order to deliver a special lecture on the topic of “L’influence du droit de l’Union sur le droit administrative français”.

On 5th November 2013, at 10.00 hrs., H.E. Mr. Luis Manuel Barreira de Sousa, Ambassador of the Republic of Portugal, paid a courtesy call on Mr. Hassavut Vititviriyakul, President of the Supreme Administrative Court, at the President’s reception room, 10th floor, on the occasion of the assumption of his post in Thailand.

On 5th November 2013, at 18.30 hrs., Mr. Vichai Chuenchompoonut, Vice President of the Supreme Administrative Court, participated in the celebration of Poland’s National Day at the Napalai Ballroom, Dusit Thani Hotel, Bangkok.

On 15th-18th November 2013, the Administrative Court in cooperation with the Asian Development Bank (ADB) organized the 3rd Roundtable for ASEAN Chief Justices on Environment entitled “ASEAN’s Environmental Challenges and Legal Responses”. This roundtable was organized as a forum to exchange experiences and technical opinions on environmental case adjudication among green judges and relevant officials in the ASEAN region. The event was held at the Royal Orchid Sheraton Hotel and Tower Bangkok.

The participation of administrative judges in the 14th International Conference of Chief Justices of the World (The World Judiciary Summit 2013) on Article 51 of the Constitution of India will be held from Friday, 11th December to Tuesday, 17th December 2013 in Lucknow, India.

by Nannaphat Wongsutharot

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