The Prosecution to Contradict the Administrative Order: Mandatory Appeal System

Abstract

Mandatory appeal system of the justice process in the Administrative Court of Thailand assigns to appeal the contradiction within the administrative order before prosecution. Although there are advantages to resolve the harm of the person who has been violated or affected by their rights faster than the court’s ruling. This permit an opportunity for the officer who issues the administrative order or the superior has a review of the administrative authority of their own again and extinguishes the dispute by the administration. The shortcomings of this system are the step that makes diagnosis dispute of the parties delayed, wherewith most of the administrative agencies tend to confirm their order and dismiss the disputes appeal of the parties to continue the prosecution. Also, if the prosecution did not appeal to the administrative department first or appeal overdue or the appeal is incorrect according to the form prescribed by law. This is an error in the appeal of the parties caused by ignorance of the law and does not understand the use of their legal rights and resulting in the disqualification of access to administrative justice.