Principle of Equality in Bearing Public Burdens on Public Organization in Thailand

Abstract

This article aims to study the principle of equality in bearing public burdens which is a sub-principle of the principle of equality that appears in both the civil law system and the common law system. To guarantee the protection of rights and liberties by the state or administration from a mission and having an impact that causes damage or is unreasonable. They must compensate the people for the damage to achieve equality even though performing that mission is not illegal or a violation. Consider the essence of France, Germany, England, and Thailand. Then, studies the public organization according to the Public Organizations Act B.E. 2542 and Amendments The organization of government agencies is separate from those in the former public sector and specific organizations. It has to commit to the principle of equality in bearing public burdens. The study found that both the Public Organizations Act B.E. 2542 and the Public Organizations Act (No. 2) B.E. 2559 section 24 did not determine The Public Organization Committee in authority and responsibility to supervise the public organization which the public organization's public service mission causes damage or creates an unreasonable burden on the people. Some public organizations had to amend the Royal decree establishing them to specify such matters on a case-by-case. This caused an equality in burden for the people by a public organization. Therefore, it is appropriate to amend section 24 of the Public Organization Act (No. 2) B.E.2559 and The Public Organization Development and Promotion Committee to the cabinet for the minimum rule.