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October 26, 2020
385
The Royal Gazette publishes the full version of the Constitutional Court notice. In the case of the order of the KMUTT, House of Representatives and Senate against the law, Art. 129
October 26, 2020, websiteGovernment gazette PublishedConstitutional Court rulings In the case of October 7, BE2556, the Ombudsman has proposed the matter to the Constitutional Court for it to consider and decide in accordance with the Constitution of Section 231 (1) that the Law of Convocation of the Commission (KMT) of the House of Representatives and the Senate BE2554 Section 5, Section 8 and Section 13 have problems with constitutional Constitutional Section 129 or not
The Ombudsman (petitioner) proposes a request to the Constitutional Court to consider and decide in accordance with the Constitution, article 231 (1), facts in accordance with the request and supporting documents. Summarized as follows
Paiboon Nititawan submitted a complaint letter requesting the petitioner to raise the matter along with an opinion to the Constitutional Court that The Law, the Convocation of the House Committee and the Senate BE 2554 Section 5, Section 8 and Section 13 have problems with the constitutionality of Section 124 due to the Act. The House and Senate Committee Order of 2011 was a statute issued under its authority.
According to the Constitution of the Kingdom of Thailand, BE2550 (2007), Article 135 stipulates that the Commission has the power to issue orders to retrieve documents from any person. Or summon any person to declare facts or express an opinion In the company or in the matter under investigation or study Any person who violates or does not comply must be sanctioned. Imprisonment for not more than three months OR a fine not to exceed 5,000 baht OR both Subsequently, the Constitution of the Kingdom of Thailand, BE2560 (2017), article 124 establishes that the Commission has the power to demand documents from any person. Or summon any person to state facts or express an opinion. The provisions of the foregoing do not grant authority to issue an order. The same applies to the Constitution of the Kingdom of Thailand 2007, Article 335.
The petitioner is of the opinion that the House and Senate Committee Orders Act, BE2554 Section 5 and Section 8 are statutes issued under the constitution. From the Kingdom of Thailand, BE 2550 (2007), Art. 135, which provided that the Commission of the House of Representatives and the Senate have the power to issue orders to request documents from any person. Or call anyone to declare Make or express an opinion on the company or on the matter under consideration or investigation. And for the aforementioned order to be effective in accordance with the constitutional will, it is established in article 13 of the aforementioned law. Any person who violates or does not comply with article 8 will be punished with imprisonment for a period not exceeding three months. Either a fine not to exceed five thousand baht OR both
Aiming for the Commission to do business In order to effectively support the functioning of the House of Representatives and Senate and obtain complete facts, in accordance with the Constitution of the Kingdom of Thailand BE By providing the Commission of the House of Representatives and the Senate have the power to demand documents from anyone. Or call any person to state the facts OR express an opinion on the business enterprise or on the matter under consideration to investigate or study AND provide a specific method of enforcement, which is a mandatory action to obtain facts As required by a committee of the House of Representatives and Senate What is the duty of the Minister in charge of conducting the investigation or study of the commission to direct or direct a government official or to direct the facts to present documents or express opinions as required by the Commission. For the Commission The House of Representatives and the Senate are concerned with supporting the operation more efficiently.
What is a specific method of execution? Constitution of the Kingdom of Thailand He was buddhist ๒๕๖๐ section ๑๒๔ Therefore, the House and Senate Committee has the power to request documents. Or just people It does not have the power to issue orders to retrieve documents or people According to the provisions of the Constitution From the Kingdom of Thailand He was buddhist ๒๕๕๐ section ๑๓๕ The petitioner submitted a petition with an opinion to the Constitutional Court. Consider and decide according to the constitution section ๒๓๒ (๒) that The Law of Convocation of the Commission Of the House of Representatives and the Senate Piss.Prof. ๒๕๕๔ section ๕ section ๘ And section ๑๓ I have a problem with Constitutionality section ๓๒๔ Or not
read more: Judgment of the Constitutional Court in the case of the order of Kamtha.Dark.