LEGAL LIABILITIES OF PROFESSIONAL COUNCILS IN OVERSEEING PROFESSIONAL STANDARDS IN THAILAND

Abstract

This study aims to analyze the legal status, powers and liabilities of professional councils in Thailand. 
The objective is to analyze administrative, civil and disciplinary liability.  Compare the legal principles and practices in relevant foreign countries.  and propose guidelines for legal reform. This research uses qualitative methodology by studying legal documents, academic works and Supreme Court decisions.

The study results show that professional councils are public juristic persons established under specific laws. Has the power to issue licenses, supervise professional discipline and manage internal affairs. The exercise of power by the professional council is considered an exercise of administrative power, subject to review by the administrative court and must be in accordance with the rule of law. However, some legal measures regarding professional councils lack clarity regarding the scope of their liability, particularly in cases of poor governance  and found that there are laws but the laws are not enforceable, including laws but not comprehensive in solving the problems that have occurred. Liability may arise from unlawful administrative acts, neglect of legal duties,
or overuse of authority. Remedies include revoking unlawful orders, enforcing negligent acts and seeking compensation under the Tort Liability of Public Officials Act 1996.  This research highlights the need for clearer legal provisions. To ensure that professional councils are accountable and to strengthen the legal framework for overseeing the duties and responsibilities of professional councils more effectively.