The Criteria of Administrative Contract : A Study of Participation in Public Service Contract and Contract with Highly Unusual Provisions

Decha Sintupatch

Abstract

The General Meeting of the Judges of the Supreme Administrative Court No. 6/2544(2001) considered the meaning of the “administrative contract”. Apart from the meaning provided by
Section 3 of The Act Establishing Administrative Courts and Administrative Procedure B.E. 2542.
The General Meeting concluded that “administrative contract” also includes an agreement containing
a term exhibiting a special characteristic of the State’s privilege so that the exercise of the State powers
or provision of the administrative affairs which is a form of public service can be achieved”
When the administrative contract disputes arise. The Administrative Court and the Commissionon Jurisdiction of Courts have to decide whether administrative contract, which contract is
an administrative contract. The results of consideration show that some contracts are administrative contracts some contracts are civil contracts. Both are the same type of contract.As a result,
the scope of the administrative contract is not clear. Which may affect the outcome of the dispute due to the procedure of the judicial proceedings and there are differences in the administrative courts. Moreover, the resolution of the General Meeting of the Judges of the Supreme Administrative Court
is just a resolution meeting of the judicial organization which does not have legal status. According to
the resolution of the general meeting of the judges of the Supreme Administrative Court No.6/2544, it is expedient to amend the definition of administrative contract under Section 3 of the Act Establishment of the Administrative Court and Administrative Court Procedure B.E. 2542 for
the consideration of the Administrative Court and the Commission on Jurisdiction of Courts
more clearly.