ผลกระทบของการพิพากษาเพิกถอนกฎโดยให้มีผลย้อนหลัง : ศึกษาคำพิพากษาศาลปกครองสูงสุด กรณี กฟผ. / อุษณีย์ ลี้วิไลกุลรัตน์ = Retroactive effect of judgement on revocation of rules : case study of the Supreme Administrative Court's judgement on the Electricty Generating Authority of Thailand (EGAT) / Usanee Leevilaikunratt
The Administrative Court has been established for scrutinizing the legality of the administrative action. If the court has found a cause of illegality of such action, it will have had the competence to make a revocation judgment with the purpose of the redress of plaintiffs’ injuries. Consequently, this thesis has aimed to study about the standard, means, and legal impacts on the cases that the Administrative Court makes a judgment on revocation of rules, which especially has a retroactive effect. This study has been found that when the court makes a judgment on revocation of rules having a retroactive effect, there have been following problems and impacts to comply with a judgment: some provisions concerning revocation of rules, publishing the result of the judgment in the Government Gazette, and gap in provisions relating to revoked rules problems, and impacts of a judgment on revocation of rules having a retroactive effect. According to this thesis, the writer has suggested the means to solve those problems by comparing with the standard and means of the revocation of rules in France and Germany. Such means are as follows. (1) When the Administrative Court issues a final judgment to revoke rules, the office of the Administrative Courts, which is responsible for conducting execution of decrees, should manage to publish the revocation of rules in the Government Gazette as fast as the issue of the Administrative Court judgment. (2) The Administrative Court should develop the legal principle by categorizing the level of violence in the illegality of revoked rules by the court. (3) If the judgment impacts on individual liberty and public interest, it should take effect as from the date the revocation of rules is published. This is because the administrative agencies can amend the rules or issue the new lawful rules within reasonable time so as not to affect actions already done by the administrative agencies. Besides the Administrative Court should have comments about the means or the technique to comply with the judgments. (4) The office of the Administrative Courts should collect the legal and other problems about the conducting execution of decrees process in practice in order to make suggestions to the Administrative Court in issuance decree as justice in a particular case shall requires, and to the administrative agencies in compliance with the judgment correctly within reasonable time for the redress of plaintiffs’ injuries speedily.
