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Pairoj Minden
President of a chamber of the Administrative Court of First Instance in the Supreme Administrative Court
The Issue of Locus Standi in
Thai Administrative Court’s Environmental Cases
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Parties
(1) Administrative agency or State official VS 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
Administrative Court’s Jurisdiction Administrative disputes
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
Filing requirements
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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
Distinctive Features of the Court
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Standing Rules : Traditional and Environmental
(a) Aggrieved or injured person (b) Inevitably be aggrieved or injured person
Traditional
Standing Rules
Environmental Standing Rules (a) General one : -Injured person -broader interpretation (b) Specific one : -Community, -private organization, -Association, -NGOs, etc.
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(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
Precedent Environmental Cases
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Foundation for Anti- Air Pollution and Environment
VSBangkok Mass Transit Authority
Central Administrative court judgment No. 1763/2549
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A. Map Ta Phut Case : People, Anti-Global warming association
VS the National Environmental Committee, etc.
Supreme Administrative Court Order and Judgment
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a group of people assembling in order to study history and archaeology of Nakhonpathom province
B. Sri Tawaravadee Case
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People in Community VS local government
C. Pig Farming Case
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The Law Drafting Process
- Personal injury may not be required - Filing is aimed to protect the environment or natural resources - The relief sought is only for the environmental restoration
Challenges
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