The Problem of the Standards of the Administrative Procedure Act B. E. 2539: Case Study of Exceptions, Procedures and Time for Appeal or Dispute to be in Accordance with The Specific Laws

Abstract

This independent study aimed to investigate the importance of the internal administrative appeal (Le Recours Administratif) and the “Central Law” of the Administrative Procedure Act B. E. 2539 including problems arising from assignments of the procedures and timelines for appeal or dispute which are subjected to certain specific laws according to Paragraph 2 of Section 3 of the Administrative Procedure Act B. E. 2539.

This study found that setting the procedures and timelines for appeal or dispute to be subjected to specific laws cause non-standard administrative procedures in appeal or dispute process which are subjected to certain specific laws that have different rules and details. Besides, it has also been found that certain provisions of some special laws are complex and difficult to be interpreted making it difficult for the general public to understand causing people to lose their rights such as the right to request the administration to review the order or the right to file a lawsuit before the Administrative Court. It was also found that certain provisions of some special laws do not prescribe rules that ensure fairness to the people. These problems show that the appeal or dispute of administrative orders, which is considered to be a general public service, is not in accordance with the intention of the enactment of the Administrative Procedure Act B. E. 2539.