Problems Regarding the Notification of Information or the Serving of Documents in Administrative Cases to a Party Whose Domicile is Abroad

Abstract

          There is currently no specific rule regarding the notification of information or the serving of documents in administrative cases to a party whose domicile is abroad, as stipulated under the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999), and the Rule of the General Assembly of Judges of the Supreme Administrative Court on Administrative Court Procedure, B.E. 2543 (2000). As a result, the court’s orders in such matters are inconsistent and unpredictable, leading to various theoretical and practical problems. A study of the procedures in civil cases under the jurisdiction of the Courts of Justice reveals that the Civil Procedure Code provides specific provisions on the matter, particularly emphasizing the service of a copy of the initial plaint to defendants domiciled abroad. Apart from domestic law, there is also international law based on international agreements concerning judicial cooperation between states, including general principles of international law (such as the principle of reciprocity). Currently, Thailand, through the Office of the Judiciary, is considering accession to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Service Convention). This Convention provides a special, faster, and more efficient means than diplomatic channels and has a broad effect among member countries without the need for bilateral agreements. However, the scope of the Service Convention is limited only to civil or commercial cases under the jurisdiction of the Courts of Justice and does not apply to administrative cases under the Administrative Courts. Therefore, it is necessary to establish procedural rules in administrative law to address this matter, including amendments to relevant rules. In particular, a rule should be established for the service of documents abroad through the Office of the Administrative Courts and the Ministry of Foreign Affairs, which would be a suitable approach consistent with the fundamental principles of international law.