Issues related to Provisional Protection in Environmental Administrative Cases : A Study of Rulings from Administrative Cases

Abstract

This research article focuses on the issue of provisional protection in environmental administrative cases. It analyzes legal precedents to establish measures for provisional protection before judgment. Specifically, it compares Thai law with foreign legal systems, including those of the French Republic, the Federal Republic of Germany, and the United States of America. Additionally, it considers case studies from Thai administrative court judgments and foreign court judgments.

The study found that the administrative court's litigation process has established mechanisms to protect plaintiffs or interested parties before the administrative court renders
a judgment. These mechanisms are known as " provisional measures before judgment," which include: 1) the suspension of enforcement of administrative laws or orders, and 2) remedial measures. For provisional protection in environmental administrative cases, the court must consider the responsibilities of administrative agencies or government officials and the potential obstacles that may arise from the administration of the state, according to Section 66, paragraph two of the Act on Establishment of Administrative Courts and Administrative Court Procedure B.E. 2542 (1999). This approach should be taken rather than focusing on the types and criteria of provisional measures in administrative cases as stipulated in the regulations of the General Assembly of Judges of the Supreme Administrative Court on Administrative Court Procedure B.E. 2543 (2000).  The administrative court must exercise its discretion appropriately, in line with the fundamental principles of environmental law, to primarily protect the public interest. The court can also modify previously established measures to be consistent with and appropriate to changing circumstances or facts. This allows the court to address problems before they escalate to a point where they become difficult to remedy in the future.