觾 (English)
Conflict of Jurisdiction Committee



Title : Conflict of Jurisdiction Committee
Author : Nantawat Boramanand
Price : 80 Baht
Publisher : Institute of Public Policy Studies
Distribute : Chulalongkorn University Book Center




The 1997 Constitution mandates the establishment of the Administration Court thereby changing Thai single-court system into a dual one that separates administration cases from the justice court. Session 248 of the Constitution therefore requires a new organization, Conflict of Jurisdiction Committee to overrule the conflicts between courts; the justice courts, the administration court, the military court etc.

The regulation process of this Conflict of Jurisdiction Committee is long and controversial. Many organizations were involved and seven revisions were drafted after the considerations of six authorities; the Cabinet, the Ad-hoc Committee of the House of Representative, the House of Representative, the Ad-hoc Committee of the Senate, the Senate and finally the Joint Committee of House of Representative and Senate. The author not only comparatively reveals the changes from the first to last draft in a table form, but he also refers to the classic case of the French Tribunal des Conflicts - a special court to overrule cases of conflict of authority between the justice and the administrative court.

In the last chapter, the author analyzed that there are 3 difference among 3 drafted versions proposed by Ministry of Justice, Office of the Council of State and the jointly draft committee assigned by the Ministry of Justice and the Office of the Council of State. He concluded that there are 3 significant changes between the administrative authorities and the regulative authorities versions that leads to the enactment of the Tribunal des Conflicts Act promulgated on the 26th of October 1999.
 


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