Neglect of Statutory Duty as an Administrative Tort Case within the Jurisdiction of the Administrative Courts under the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542

Abstract

          This article is an academic study aiming to analyze the meaning and scope of the principle concerning the neglect of statutory duties by administrative agencies or state officials as prescribed by law. The study focuses on issues of interpretation and application of this principle that affect the determination of jurisdiction between the Administrative Courts and the Courts of Justice, as well as proposing guidelines for establishing clear and fair judicial jurisdiction for such cases. Within the scope of the study, this article examines relevant legal provisions, Supreme Administrative Court judgments, and jurisdictional rulings in selected cases. It also considers fundamental principles of public law, namely the principle of legality in administrative actions and the principle governing the provision of public services by the state, in order to systematically explain and connect these principles to the issue of neglect of statutory duties. The study employs documentary research as its primary research methodology. The findings indicate that when an administrative agency or a state official has a duty explicitly prescribed by law and fails to perform such duty, such omission constitutes a neglect of statutory duty. In such cases, the dispute falls within the jurisdiction of the Administrative Courts pursuant to Section 9(2) of the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999). Furthermore, if the neglect causes damage to the public, it constitutes an administrative tort under Section 9(3) of the same Act, entitling the injured party to file a claim for compensation before the Administrative Court. However, the study also reveals inconsistencies in jurisdictional determinations in certain cases, where some omissions have been classified merely as tortious acts arising from the general performance of official duties rather than as neglect of duties expressly prescribed by law, thereby placing such cases under the jurisdiction of the Courts of Justice. This lack of clarity has resulted in legal uncertainty and adversely affected the equal access to justice of injured parties. Accordingly, this article proposes that judicial jurisdiction should be determined primarily by the nature of the statutory duty involved. Where the law expressly imposes a duty on a state agency to act, failure to perform such duty should fall within the jurisdiction of the Administrative Courts. This approach would enhance clarity, fairness, and consistency in legal precedents, strengthen public confidence in the public law system, and provide practical guidance for state agencies in the performance of their statutory duties, as well as serve as a reference for legal reform and the development of administrative judicial procedures.