Administrative Procedure Act B.E. 2539

Abstract

The Administrative Procedure Act deals with the control and administration of government activities, including the fact that government agencies must act in accordance with laws and regulations in a fair and just manner, especially in terms of the performance of duties by government officials in providing services to the public, or decisions-making which affect the rights of the citizens.  It also deals with the examination of the legality of government agencies’ actions, such as: 1) Administrative orders related to health, public health, and environmental laws, which often consider the impacts of various activities on the public and the environment, so that government agencies can protect the public and maintain environmental balance. Litigation in the Administrative Court regarding these orders is often based on disagreement with the actions of the government agencies, claiming that such actions exceed the scope, or are unfair according to the legal process. 2) Litigation regarding licensing: the refusal of government agencies to issue licenses upon request. 3) Discrimination cases: Litigation that government officials discriminate, or act unfairly toward individuals or groups. 4) Violation of public rights.  According to the Administrative Procedure Act, actions or orders by government agencies, or officials, violate the fundamental rights of the citizen, especially in the areas of health, public health, and the environment, such as refusing to provide medical services, allowing uncontrolled pollution, or unfairly restricting the use of public areas. Affected citizen can file a lawsuit in the Administrative Court to seek justice in accordance with the relevant legal processes.