Thai Judicial Reforms to Respond to Environmental Challenges : Institutionalizing Environmental Expertise through Specialization and Environmental Court Kasem Comsatyadham Vice President of the Supreme Administrative Court of Thailand 1

Structures a. Historical Development of Thai Administrative Justice b. The Administrative Courts Environmental Jurisdiction and Procedures Environmental Jurisdiction and Procedures c. The Administrative Court to Respond to Environmental Challenges Respond to Environmental Challenges 2

Establishment of a Council of State under a Royal Proclamation in 8 th May 1874 Establishment of a Council of State under a Royal Proclamation in 8 th May 1874 After the change of the regime from Absolute Monarchy into Constitutional Monarchy in 1932 After the change of the regime from Absolute Monarchy into Constitutional Monarchy in 1932 The present day Administrative Court The present day Administrative Court (The 1997 Constitution of Thailand) (The 1997 Constitution of Thailand) 3 Historical Development of Thai Administrative Justice

The Administrative Courts Environmental Jurisdiction and Procedures 4

Multi-Court System under the Constitution of the Kingdom of Thailand B.E (1997) Constitu tional Court JudicialCourts Administra tive Courts Military Courts Supreme Court Supreme Administra tive Court Supreme Military Court Central Military Court Courts of First Instance Court of Appeals Military Courts of First Instance Administra tive Courts of First Instance 5

Structure of the Administrative Court The Supreme Administrative Court Administrative Courts of First Instance Central Administrative Court9 Regional Administrative Courts - Chiang Mai AC - Nakhon Ratchasima AC - Khon Kaen AC - Phitsanulok AC - Rayong AC - Nakhon Si Thammarat AC - Songkhla AC - Udon Thani AC - Ubon Ratchathani AC 6

The Rayong Administrative Court The Chiang Mai Administrative Court The Khon Khaen Administrative Court The Nakhon Ratchasima Administrative Court The Phitsanulok Administrative Court The Nakhon Si Thammarat Administrative Court The Songkhla Administrative Court Central Administrative Court The Supreme Administrative Court The Udon Thani Administrative Court The Ubon Ratchathani Administrative Court The Central Administrative Court 7

Administrative Courts Jurisdictions I. Jurisdiction : An unlawful act issued or performed by an administrative agency/State official in bad faith or in a manner indicating unfair discrimination or causing unnecessary process or excessive burden to the public or amounting to undue exercise of discretion II. Jurisdiction : Administrative agency/State official neglecting official duties required by the law to be performed or performing such duties with unreasonable delay III.Jurisdiction : A wrongful act or other liabilities of administrative agency/State official arising from the exercise of power under the law or from a bylaw IV. Jurisdiction : Administrative Contract 8

The Characteristic of Thai Administrative Court Inquisitorial System Inquisitorial System Symplicity Symplicity No Court Fee No Court Fee Written Documents Written Documents Balancing Between the Chamber and The Commissioner of Justice Balancing Between the Chamber and The Commissioner of Justice 9

The establishment of the environmental division within the First Instance Administrative Court and the Supreme Administrative Court on 5 July The environmental division is officially operated nationwide on 2 August The Establishment of the Environmental Division in the Administrative Court 10

Administrative case concerning environmental issues Completeness of a plaint Standing to Sue Time-limit to file a plaint Application for the exemption from Court fees Provisional measure or means before delivery of judgment Timetable of case proceedings Inquiring into facts Recommendation of the President of the Supreme administrative Court on the Administrative Court Proceedings concerning Environmental Issues Recommendation of the President of the Supreme administrative Court on the Administrative Court Proceedings concerning Environmental Issues 11 The Administrative Courts Environmental Procedures

The Administrative Court to respond to Environmental Challenges 12

Environmental Cases Admissible to the Administrative Court ( August 2011) From the opening of the Administrative Court in 2001 to the date before the operation of the environmental division in 2011 From the opening of the Administrative Court in 2001 to the date before the operation of the environmental division in 2011 Pending = 1,847 Cases Finalised = 7,543 Cases % % Environmental Cases Admissible = 9,390 cases 13

Environmental Cases Admissible to the Administrative Court (2 August 2011 – 31 May 2012) Environmental Cases Admissible to the Administrative Court (2 August 2011 – 31 May 2012) From the opening date of the environmental division (2 August 2011) to 31 May 2012, environmental cases admissible are 986 cases 5.98 % % Pending = 927 Cases Finalised = 59 Cases environmental cases admissible = 986 cases 14

Thank you for your attention Thank you for your attention 15