Administrative Contracts Considerations

Abstract

An administrative contract was an administrative act where at least one of the contracting parties is an administrative agency or a person entrusted to act on behalf of the State; and had the nature of a concession contract a contract for the provision of public services or the provision of public utilities or exploitation of natural resources According to the definition of section 3 of the Act on Establishment of Administrative Courts and Administrative Court Procedure B.E. 1999 and the resolution of the General Judicial Meeting of the Supreme Administrative Court No. 6/2001 has developed additional rules on administrative contracts It was a contract whereby an administrative agency or a person acting on behalf of the State agrees to allow the other party to directly perform or participate in public service or is a contract that contains a contract that has a special character that represents the privilege of the state In order for the exercise of administrative power or the operation of administrative affairs. In addition, the Judiciary Committee on the Inter-Court Authority has also laid down additional guidelines for ruling that Any contract to be an administrative contract must also consider the object of the contract as an important tool for the fulfillment of public services.

Therefore, considering the status of an administrative contract, many criteria must be taken into consideration. which, on the one hand, was in accordance with the will of the legislature that defines the term “Includes” in the definition of an administrative contract under section 3 of the Act on Establishment of Administrative Courts and Administrative Court Procedure B.E. 1999 which would like to give an opportunity to develop the rules of the administrative contract in the future. on the other hand, as an administrative contract, there is a lack of clarity in the law. therefore, the definition of Administrative Contracts Section 3 of the Act on Establishment of Administrative Courts and Administrative Procedures B.E. 1999 to have more clear coverage or there may be an enactment of an Act on Administrative Contracts specifically separated from the Act on Establishing Administrative Courts and Administrative Court Procedure B.E. 1999.