Constitutional Court, majority of votes of the Administrative Court resolutions to pay unconstitutionality to ‘Hopewell’



[ad_1]

March 17, 2021


9,164

Constitutional Court: Most of the vocabulary raises the resolutions of the Administrative Court to pay “Hopewell” unconstitutional

March 17 Constitutional courtConsultation meeting inOmbudsman Send an additional request AND supporting documents Request the Constitutional Court to consider and decide in accordance with article 213 of the Constitution that the resolution of the General Board of Magistrates of the Supreme Administrative Court No. 18/2545, Wednesday, November 27, 2002, that The Ombudsman alleged it was the regulation of the Law on the Establishment of the Administrative Tribunal and Procedure 2542, Section 44, but did not proceed under Section 5 and Section 6 paragraph one, therefore contrary or inconsistent with the Constitution, Section 3 paragraph two, Section 5 paragraph one, Section 25 paragraph three, Section 188 and Section 197 request to revoke the resolution or Do it

The Constitutional Court has considered it and has an order to accept it for its consideration. And to the Supreme Administrative Court Present the minutes of the meeting in accordance with the resolution of the general meeting of judges of the Supreme Administrative Court. Including regulations and related documents Subsequently, the Supreme Administrative Court presented a total of 2 experts and related documents to the Constitutional Court.

By the result of consideration Today, the judges of the Constitutional Court meeting for oral pronouncements, consultations and resolutions complete the quorum of the Constitutional Court under the Organic Law of Procedures of the Constitutional Court of 2018, article 52, second paragraph, which establishes that the organ of the court in trial and decision-making. It must consist of at least seven judges.

Given that the Constitutional Court allowed Mr. Banchongsak Wongprachat to withdraw from this trial from the beginning by virtue of the Organic Law of Procedures of the Constitutional Court BE2561 (2018), article 34, together with article 32 (1), and Mr. Worawit Kangsasithiem . President of the Constitutional Court The patient is hospitalized and therefore cannot perform his functions.

The Judicial Council of the Constitutional Court has elected Mr. Thaweekat Meenakanit, Magistrate of the Constitutional Court Acts on behalf of the President of the Constitutional Court under the Organic Law of Constitutional Court Procedure, BE 2018, Section 18, paragraph four

By the Constitutional Court by majority vote, resolving that Resolutions of the General Board of Magistrates of the Supreme Administrative Court No. 18/2545 in relation to the question of the administrative trial period is the issuance of regulations under the Law that establishes the Administrative Tribunal and Administrative Procedure BE 2542 article 44, but not proceeding in accordance with Section 5 and Section 6, paragraph one, is, therefore, contrary to or incompatible with the Constitution, Section 3, paragraph two and Section 197, paragraph four.

The reporter reported that the case Ministry of Transport and Railways of Thailand You have submitted a petition to the Ombudsman. Submit a petition to the Constitutional Court that resolves that the Supreme Administrative Court adopted the resolution of the General Board of the Supreme Administrative Court No. 18/2545, which determined to count the administrative processing period from the date of opening of the Administrative Court, 9 March 2001, as a reference in the case of the Ho Project concession contract. Pwell Is it contrary or incompatible with the Constitution, Section 3, paragraph two, Section 5, paragraph one, Section 25, paragraph three, Section 188 and Section 197?

[ad_2]