Administrative Court Procedures in Environmental Health and Public Health Cases

Abstract

This article aims to examine and explain the administrative court procedures in environmental health and public health cases in Thailand, with emphasis on legal processes, the role of the Administrative Court, and practical applications for professional practice. This study employs documentary research through the analysis of the Act on Establishment of Administrative Courts and Administrative Court Procedure B.E. 2542 (1999), related regulations, and Supreme Administrative Court judgments concerning environmental and public health disputes, particularly a nuisance case involving a swine farm, in order to demonstrate the practical application of administrative law principles.

The findings indicate that the Thai administrative court system applies an inquisitorial system in which the court plays an active role in investigating facts and gathering evidence to protect citizens’ rights and public interests, especially in cases involving scientific complexity and impacts on health and the environment. The major procedures include filing a lawsuit, examination of complaints, evidence collection, interim protective measures, dispute mediation, court hearings and judgments, appeals, and enforcement of judgments. Furthermore, the Administrative Court plays a crucial role in controlling the exercise of administrative power in accordance with the rule of law and principles of fairness.

In conclusion, administrative court procedures in environmental health and public health cases serve as an important mechanism for protecting citizens’ rights, reducing health and environmental impacts, and promoting transparent and accountable public administration. The study can also serve as a practical guideline or handbook for legal practitioners, public health professionals, and related personnel in effectively handling administrative disputes.