Impact on the Socio-Economic Dimensions Caused by Issuance the Measures of the Administration to Prevent the Pandemic of the Coronavirus Disease 2019

Abstract

This article aims to study legal problems arising from the issuance of the measures by the Administration as a measure to prevent and inhibit the pandemic of the coronavirus disease 2019 that affect the economic and social dimensions in issues on the proportionality principle of issuing measures and the criteria used for consideration before issuing measures to prevent and inhibit the pandemic of the coronavirus disease 2019.

From the study of the author's data, it was found that: 1) performance to prevent and inhibit the pandemic of the coronavirus disease 2019. It is regarded as “an administrative activity” related to the security of people's lives and bodies, operated by the “administrative agency” to issue various measures that have general effects on the general public, which is considered “administrative action” known as “the Issuance of the Administrative Rules.”Therefore, it must be subject to the legality of “administrative action” that can be controlled and audited; 2) It was found that the criteria used to consider before the issuance of measures, that there were no clear guidelines before the issuance of measures, especially the measures that have been enforced to the people; and 3) Determining measures to prevent and inhibit the pandemic of the coronavirus disease 2019 under the principle of proportion. It is considered that most of them are based on the principle of proportionality. There is a problematic issue with the adoption of the Emergency Decree on Public Administration in Emergency Situations, B.E. 2548, as a tool for determining various measures considered inconsistent with the principle of decency. Therefore, there are a number of different opinions and reduce the role of the Ministry of Health, which should be the main agency in solving the problem.

The recommendations a general law should be enacted to be the main to exercise any legal power whatever it is about solving the epidemic situation must comply with the general Law on Criteria for Consideration before the issuance of any measures into force. This includes that measures that come out must be assessed for the impact on the economy and society under the principle of proportionality before such measures are issued to be enforced in accordance with the prevailing socio-economic condition.