Problems Concerning the Condition of Exhaustion of Administrative Remedies Before Filing a Case on the Legality of Administrative Orders

Abstract

This research consists purposes were 1. to examine concepts related to the condition of exhaustion of administrative remedies before filing a case 2. to study the legal principles concerning this condition in Thailand, the French Republic, and the Federal Republic of Germany 3. to analyze problems relating to the condition of exhaustion of administrative remedies before filing a case in cases concerning the legality of administrative orders and 4. to propose guidelines for resolving problems concerning this condition before filing a case on the legality of administrative orders. This is a qualitative research study based on an examination of books, textbooks, theses, independent studies, and academic documents, with particular emphasis on decisions of the Administrative Court. The data collected from the relevant documents were analyzed using content analysis. The research found that 1) the concept of exhaustion of administrative remedies is intended to ensure that administrative orders are reviewed within the administrative branch before a case is brought to court 2) the Thai legal system provides for a mandatory appeal system, meaning that an appeal against an administrative order constitutes a condition of exhaustion of administrative remedies before filing a case in court, while the French Republic follows an optional appeal system and the Federal Republic of Germany adopts a mandatory appeal system 3) appeals against administrative orders may cause problems for litigation, particularly when the appeal consideration is not completed within the required time period or is completed beyond the time limit prescribed by law and 4) for cases concerning the legality of administrative orders, it is appropriate to consider the condition of exhaustion of administrative remedies as follows (1) the object of the case should cover both the administrative order and the appeal decision as a single object; and (2) the prescriptive period for filing a case should generally begin from the date of notification of the appeal decision where the appeal process is completed, while in cases where the administrative authority fails to complete its review of the appeal, this should be treated as an exception and regarded as a situation where the right to file a case has not been notified, thereby allowing an extension of the period for filing the case.