Thai Judicial Reforms to Respond to Environmental Challenges :

1. Kasem Comsatyadham Vice President of the Supreme Administrative Court of Thailand Thai Judicial Reforms to Respond to Environmental Challenges : Institutionalizing Environmental Expertise through Specialization and Environmental Court

2. a. Historical Development of Thai Administrative Justice b. The Administrative Court’s Environmental Jurisdiction and Procedures c. The Administrative Court to Respond to Environmental Challenges Structures

3. Establishment of a Council of State under a Royal Proclamation in 8th May 1874 After the change of the regime from Absolute Monarchy into Constitutional Monarchy in 1932 The present day Administrative Court (The 1997 Constitution of Thailand) Historical Development of Thai Administrative Justice

4. The Administrative Court’s Environmental Jurisdiction and Procedures

5. Multi-Court System under the Constitution of the Kingdom of Thailand B.E. 2540 (1997) Administrative Courts Constitutional Court Judicial Courts Military Courts Supreme Court Supreme Administrative Court Supreme Military Court Court of Appeals Administrative Courts of First Instance Central Military Court Courts of First Instance Military Courts of First Instance

6. Structure of the Administrative Court The Supreme Administrative Court Administrative Courts of First Instance Central Administrative Court 9 Regional Administrative Courts • Chiang Mai AC • Nakhon Ratchasima AC • Khon Kaen AC • Phitsanulok AC • Rayong AC • Nakhon Si Thammarat AC- Songkhla AC • Udon Thani AC • Ubon Ratchathani AC

7. The Chiang Mai Administrative Court The Khon Khaen Administrative Court The PhitsanulokAdministrative Court The Supreme Administrative Court The Nakhon Ratchasima Administrative Court Central Administrative Court The Rayong Administrative Court The Nakhon Si Thammarat Administrative Court The Songkhla Administrative Court The Ubon Ratchathani Administrative Court The UdonThaniAdministrative Court The Central Administrative Court

8. Administrative Court’s Jurisdictions I. Jurisdiction : An unlawful act issued or performed by an administrative agency/State official in bad faith or in a manner indicating unfair discrimination or causing unnecessary process or excessive burden to the public or amounting to undue exercise of discretion II. Jurisdiction : Administrative agency/State official neglecting official duties required by the law to be performed or performing such duties with unreasonable delay III.Jurisdiction : A wrongful act or other liabilities of administrative agency/State official arising from the exercise of power under the law or from a bylaw IV. Jurisdiction : Administrative Contract

9. The Characteristic of Thai Administrative Court Inquisitorial System Symplicity No Court Fee Written Documents Balancing Between the Chamber and The Commissioner of Justice

10. The Establishment of the Environmental Division in the Administrative Court • The establishment of the environmental division within the First Instance Administrative Court and the Supreme Administrative Court on 5 July 2011. • The environmental division is officially operated nationwide on 2 August 2011.

11. The Administrative Court’s Environmental Procedures Recommendation of the President of the Supreme administrative Court on the Administrative Court Proceedings concerning Environmental Issues • Administrative case concerning environmental issues • Completeness of a plaint • Standing to Sue • Time-limit to file a plaint • Application for the exemption from Court fees • Provisional measure or means before delivery of judgment • Timetable of case proceedings • Inquiring into facts

12. The Administrative Court to respond to Environmental Challenges

13. Environmental Cases Admissible to the Administrative Court (2001-1 August 2011) Environmental Cases Admissible = 9,390 cases 19.67 % 80.33% Pending = 1,847 Cases Finalised = 7,543Cases From the opening of the Administrative Court in 2001 to the date before the operation of the environmental division in 2011

14. environmental cases admissible = 986 cases 5.98 % Pending = 927Cases 94.02 % Finalised = 59Cases Environmental Cases Admissible to the Administrative Court(2 August 2011 – 31 May 2012) From the opening date of the environmental division (2 August 2011) to 31 May 2012 , environmental cases admissible are 986 cases

15. Thank you for your attention