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The Issue of LocusStandiinThai Administrative Court’s Environmental Cases PairojMinden President of a chamber of the Administrative Court of First Instance in the Supreme Administrative Court
Administrative Court’s Jurisdiction Parties Administrative disputes (1) Administrative agency or State officialVS Individual (2) Between Administrative agency and State official themselves. (1) An improper exercise of an administrative power(2) A wrongful act or other liabilities(3) An Administrative contract (4) A neglect of official duties & delay of their performance
Filing requirements A. Being an aggrieved or injured person, or a person inevitably be aggrieved or injured B. The relief sought must be redressable C. The case submitting within the time limit D. The exhaustion of administrative remedies
Distinctive Features of the Court A. Inquisitorial procedure B. Written documents C. Simply procedure applied : No lawyer, No court’s fees, Registered post D. Balance of powers among the Administrative judge
Traditional Standing Rules EnvironmentalStanding Rules Standing Rules : Traditional and Environmental (a) General one : -Injured person -broader interpretation (b) Specific one : -Community, -private organization, -Association, -NGOs, etc. (a) Aggrieved or injured person (b) Inevitably be aggrieved or injured person
Precedent Environmental Cases (a) Central administrative Court’s Judgment No. 1763/2549 (b) Supreme Administrative Court’s Order and Judgment - Map Ta Phut Case - Sri Tawaravadee Case - Pig Farming Case
Central Administrative court judgment No. 1763/2549 Foundation for Anti- Air Pollution and EnvironmentVS Bangkok Mass Transit Authority
Supreme Administrative Court Order and Judgment A. Map Ta Phut Case : People, Anti-Global warming association VS the National Environmental Committee, etc.
B. Sri Tawaravadee Case • a group of people assembling in order to study history and archaeology of Nakhonpathom province
C. PigFarming Case People in Community VS local government
Challenges The Law Drafting Process - Personal injury may not be required - Filing is aimed to protect the environmentor natural resources - The relief sought is only for the environmental restoration