Home » today » News » The Role of the Ombudsman in Referring Cases to the Constitutional Court: Explained

The Role of the Ombudsman in Referring Cases to the Constitutional Court: Explained

What is an Ombudsman? Why is it one of the mechanisms to refer the case to the Constitutional Court to decide the prime minister’s vote?

ombudsman It is an organization under the constitution of the Kingdom of Thailand. Established in 1999 with the duty to investigate the use of state power that causes trouble or injustice to the people

The ombudsman comes from the word “Ombudsman” or in Swedish, meaning “representative” or person authorized to inspect. or perform various actions In England it is called “Parliamentary Commissioner of Administration” is a person or organization responsible for inspecting the operation of the administration.

ombudsman submitted to the Constitutional Court Delay the vote for Mr. Round 3

Vote for the Prime Minister: open a channel to submit “Ombudsman” to the court to interpret the parliamentary resolutions, unable to nominate “Pitha” repeatedly.

Background of the Ombudsman of the Kingdom of Thailand

The Ombudsman in Thailand was first established in 1999 under the name “Parliament’s Ombudsman” Later, the 2550 Constitution requires that there are 3 ombudsmen and the Ombudsman of the Parliament. At that time he served as an Ombudsman.

There are three Ombudsmen appointed by the King upon the advice of the Senate. From the person selected by the Selection Committee, the selected person must be a person with evident honesty and knowledge, expertise and experience in the administration of State affairs not lower than the Director-General or head of an equivalent government agency or head of an equivalent state agency not lower than a department as specified by the Selection Committee. Two of them must hold that position for at least 5 years and have experience in public affairs for at least 20 years, one of them. and to hold office for only one term

The Ombudsmen holding the position currently are Mr. Somsak Suwansujarit, President of the Ombudsman, Mr. Issaree Hansacharoonroj. Ombudsman and Mr. Songsak Saicheua, Ombudsman

Duties and powers according to the 2017 constitution Section 230 provides that the Ombudsman shall have the following duties and powers:

Recommend relevant government agencies to amend laws, rules, regulations, rules or orders or any operational procedures. Those that cause trouble or unfairness to the people or burden the people unnecessarily or unreasonably. Seeking facts when seeing that someone has suffered or injustice arising from Failure to comply with the law or act outside the legal duties and powers of a government agency. or government officials To suggest relevant government agencies to eliminate or stop the trouble. or that injustice to present to the Council of Ministers the fact that state agencies have not properly and completely complied with Chapter 5 Duties of the State In the event that the relevant State Agency fails to implement the Ombudsman’s recommendation under (1) or (2) without reasonable grounds The Ombudsmen shall notify the Council of Ministers for consideration and order. as it deems appropriate In the implementation of (1) or (2), if it is a case related to human rights violations The Ombudsmen shall refer the matter to the National Human Rights Commission for further action.

In addition, the Ombudsman may propose before the Constitutional Court or Administrative Court when it is of opinion that the following cases exist:

Any provision of the law that has problems with its constitutionality to present together with the opinion of the Constitutional Court and the Constitutional Court shall consider and decide without delay. to submit the case together with its opinion to the Administrative Court and the Administrative Court shall consider and render a decision without delay, in accordance with the law on the establishment of Administrative Courts. and administrative court procedures
2023-07-25 06:25:00
#ombudsman

Leave a Comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.