Thailand 2007 Constitution

TRANSITIONAL PROVISIONS

Section 292

The Privy Council which exists on the announcement of the effective date of this constitution shall be the Privy Council by the provisions of this constitution.

Section 293

The National Legislative Assembly as per The Constitution for the Kingdom of Thailand (the temporary one) B.E.2549 shall perform its duty as The National Assembly, House of the Representatives and House of the Senators by the provisions of this constitution until the first sitting of the National Assembly is held in accordance with Section 127.

During the period of time under paragraph one, if any provision of this constitution or of other laws requires the President of The National Assembly, the President of House of the Representatives or the President of Senate to countersign His Royal Command, the President of The National Assembly shall countersign His Royal Command thereof.

For the first period of commencement, if there is still no House of Senate and it is necessary to hold the first sitting of The National Assembly in accordance with Section 127, The National Legislative Assembly shall perform the duty of the House of Senate, with the exception of the consideration to appoint or to remove a person from an office as provided by this Constitution until the House of Senate comes into existence under this constitution, and any affair which has been carried out by The National Legislative Assembly during the said period of time, shall take effect as being done by the House of Senate, and in case that any provision of this constitution or other laws requires the President of the House of Senate to countersign His Royal Command, the President of The National Legislative Assembly shall countersign His Royal Command.

It is prohibited not to apply with the provisions of Section 93, Section 94, Section 101, Section 102, Section 106, Section109, Section 111, Section 113, Section 114, Section 115, Section 119, Section 120, Section 197 paragraph four, Section 261 and the provisions of any laws which forbid persons to take a political position, enforcing the position taking of members of The National Legislative Assembly.

It is required to apply with the provision of Section 153 to enforce the termination of The National Legislative Assembly mutatis mutandis.

Section 294

The Constitution Drafting Assembly and the Constitution Drafting Committee under the Constitution for the Kingdom of Thailand (the temporary one) B.E.2549 shall come to an end upon the announcement of the effective date of this constitution.

For the sake of getting rid of any gain and loss, it is prohibited the Constitution Drafting Committee to contest in the election for the members of the House of Representatives, or to take any post as members of the House of Senate within two years from date of leaving the position under paragraph one.

Section 295

The National Legislative Assembly shall take consideration of the drafts of the Organic Act on the election of members of the House of Representatives and selection of the Senate, the Organic Act on political parties, and the Organic Act on the Election Commission, which have been received from the Constitution Drafting Committee, and shall complete it within the period of time as specified by the Constitution for the Kingdom of Thailand (the temporary one) B.E.2549.

In case of having passed the timeframe in paragraph one, yet the National Legislative Assembly still has not completed the consideration of the said organic acts, the President of the National Legislative Assembly shall submit them to the King, within seven days, for His signature, and to regard it as the National Legislative Assembly having approved those drafts of the Organic Acts.

During the time when the Organic Act on political parties and the Organic Act on the Election Commission as per paragraph one are not taking effect yet, the Organic Act on political parties B.E.2541 and the Organic Act on the Election Commission B.E.2541 shall be in continual force until the said Organic Acts shall take effect.

Section 296

The election of members of the House of Representatives under this constitution shall be carried out with completion within ninety days as well as the acquisition of the Senate under this constitution to be completed within one hundred and fifty days, as from date of Section 295 of the Organic Act taking effect.

To participate in the first general election of members of the House of Representatives after the announcement of the effective date of this constitution the qualified applicants for the election shall be members of any one political party for not less than thirty days up to the date of the election. As for the period of time under Section 101 (4) (Gor.), a period of one year shall be applied and the period of time under Section 101 (4) (Khor.) and (Ngor.), a period of two years shall be applied.

For the first period of commencement, those ex members of the Senate being elected for the first time under the Constitution for the Kingdom of Thailand B.E.2540 are prohibited from becoming members of the Senate to be acquired for the first time under this constitution, and it is prohibited not to apply with the provision of Section 115 (9) and Section 116 paragraph two, for the enforcement of the ex members of the Senate who were elected for the last time under the Constitution for the Kingdom of Thailand B.E.2540.

Section 297

For the first period of commencement, members of the Senate from appointment shall take office for a term of three years as from date of becoming a membership and it is prohibited to apply with the provision forbidding to take office continually beyond one term, for enforcement with the said persons for the next appointment after ending of their membership.

Section 298

The Cabinet which is taking office on the announcement of the effective date of this constitution, remains the Cabinet under the provision of this constitution and shall vacate its office en masse as soon as the newly appointed Cabinet under this constitution takes the office.

The Council for National Security under the Constitution for the Kingdom of Thailand (the temporary one) B.E.2549 shall vacate its office en masse together with the Cabinet which is in the office on the date of announcement of this constitution.

It is prohibited to apply with the provision of Section 171 paragraph two, Section 172, Section 174, and Section 182 (4) (7) and (8) for enforcement of taking an office of the Prime Minister and the ministers who exercise the executive administration on the announcement of the effective date of this constitution.

Section 299

The Ombudsmen who are in the office upon the announcement of the effective date of this constitution shall be the Ombudsmen under the provision of this constitution and shall continue to take their office until their term expires, by counting the term as from date of appointment by HM the King and the said Ombudsmen shall make selection among themselves and to complete it within sixty days as from the announcement of the effective date of this constitution and the provision of Section 242 paragraph two and paragraph three shall apply mutatis mutandis.

Section 300

The Constitutional Tribunal under the Constitution (Interim) B.E. 2549 (2006) shall be the Constitutional Court under this Constitution. The President of the Supreme Court of Justice shall serve as President of the Constitutional Court, and the President of the Supreme Administrative Court shall serve as Vice President. However, the judges of the Supreme Court of Justice and the judges of the Supreme Administrative Court elected under section 35 of the Constitution (Interim) B.E. 2549 (2006) shall continue to serve as judges of the Constitutional Court until the appointment of new judges of the Court under this Constitution is made. The appointment shall not take more than one hundred and fifty days as from the date of appointments of the President of the House of Representatives and the Leader of the Opposition in the House of Representatives following the first general election of MPs under this Constitution.

Provisions of section 205 (3), section 207 (1) (2), and section 209 (5) shall not apply to the holding of office of judges of the Constitutional Court under paragraph one.

Provisions of section 35, paragraph two, paragraph three, and paragraph four of the Constitution (Interim) B.E. 2549 (2006) shall remain in force until the organic Act on the Procedures of the Constitutional Court is enacted.

Any case or other still pending under the purview of the Constitutional Tribunal under paragraph one shall be proceeded by the Constitutional Court under this Constitution, and after the appointment of judges of the Constitutional Court under this Constitution, all the pending cases and matters shall be transferred to the authority and duty of the newly appointed Constitutional Court.

During the period of no enactment of the organic Act on the Procedures of the Constitutional Court, the Constitutional Court shall have the power to issue its stipulations on the procedures and the making of verdict. However, it is required that the said organic Act must be enacted within one year as from the date of the promulgation of this Constitution.

Section 301

The selection of the State Audit Commission and the Auditor-General shall be made within one hundred and twenty days as from the date of appointments of the President of the House of Representatives and the Leader of the Opposition in the House of Representatives following the first general election of MPs under this Constitution. If there is still no President of the Constitutional Court coming from the selection under this Constitution, the Selective Committee for members of the State Audit Commission and the Auditor-General shall consist of the existing members.

During the period of no State Audit Commission, the Auditor-General shall exercise the authority on behalf of the President of the State Audit Commission and on behalf of the State Audit Commission.

Section 302

The following organic Acts shall remain in force under the conditions prescribed in this section;

1. The organic Act on the Ombudsmen B.E. 2542 (1999) – President of the Ombudsmen shall serve as the caretaker under this organic Act.
2. The organic Act on Counter Corruption B.E. 2542 (1999) – President of the National Counter Corruption Commission shall serve as the caretaker under this organic Act.
3. The organic Act on State Audit B.E. 2542 (1999) – President of the State Audit Commission shall serve as the caretaker under this organic Act.
4. The organic Act on the Criminal Procedures against Persons Holding Political Positions B.E. 2542 (1999) – President of the Supreme Court of Justice shall serve as the caretaker under this organic Act.

An amendment of organic Act by an Act enacted during the enforcement of the Constitution (Interim) B.E. 2549 (2006) shall constitute an amendment of organic Act under this Constitution.

The caretakers under the organic Acts under paragraph one shall make adjustments to their organic Acts in accordance with what is prescribed by this Constitution within one year as from the date of the promulgation of this Constitution. In the case where there is no one serving as such caretaker, the one- year time frame shall begin as from the date of his appointment.

The House of Representatives shall complete the consideration of the organic law bills under this Constitution within one hundred and twenty days as from the date of the introduction of the bills to the House of Representative, and the Senate shall complete the consideration of these bills within ninety days as from the day of the introduction of the bills to the Senate.

The resolution approving or disapproving the amendment of the organic law bills shall be passed by the votes of not less than half of the members of each House.

The Election Commission shall prepare an organic law bill on referendum in accordance with what is prescribed by this Constitution. Provisions of paragraph three, paragraph four, and paragraph five shall apply mutatis mutandis.

Section 303

In the initial period, the Council of Ministers assuming the administration of the State affairs in the wake of the first general election under this Constitution shall prepare or make adjustments to the followings laws within the time prescribed;

1. Laws pertaining to the determination of details about promotion and protection of rights and liberties under section 40 and section 44, laws pertaining to provisions under Part 7/Liberty of Expression of Individuals and Media), Part 8/Education Rights and Liberties, Part 9/Right to Receive Public Health and Welfare Services from State, Part 10/Right to Receive Information and Lodge Complaints (including a law on individual information under section 56), and Part 12/Right to Assembly, a law on independent consumer protection under section 61 paragraph two, a law on independent council of political development under section 78 (7), a law on independent law reform body under section 81 (4), a law on council of farmers under section 84 (8), a law on the establishment of people’s political development funds under 87 (4), and a law on the National Human Rights Commission under section 256 within one year as from the date of the statement of policies (by the Council of Ministers) to the National Assembly under section 176;
2. Law on the development of national education under section 80 with focuses on formal education, informal education, self-determined education, self study, lifelong learning, and community college or other forms, including adjustments to relevant laws for the setting up of agency responsible for educational management that is suitable for and consistent with every level of educational system of the fundamental education, within one year as from the date of the statement of policies to the National Assembly under section 176;
3. Law pertaining to the provision under section 190, paragraph five, at least with the details on the procedure of the conclusion of treaty, which ensures the checks and balances between the Council of Ministers and the National Assembly, transparency, efficiency, and popular participation, and also with the details on independent study and research carried out before the negotiation of the treaty without a conflict of interest between the State and the researcher at any time during the enforcement of the treaty, within one year as from the date of the statement of policies to the National Assembly under section 176;
4. Laws pertaining to section 86 (1) and section 167, paragraph three within two years as from the date of the statement of policies to the National Assembly under section 176;
5. Laws pertaining to the determination of plan and procedure of decentralization, local revenue, establishment of local government organizations, local government officials, and others under Chapter 14, Local Government, in accordance with what is prescribed by this Constitution within two years as from the date of the statement of policies to the National Assembly under section 176. These laws shall also be enacted in the form of a local code.

In the case where any law enacted prior to the promulgation of this Constitution has its content and substance in conformity with this Constitution, it shall be regarded as an exception from the proceeding under this section.

Section 304

The code of ethics under section 279 shall be established within one year as from the promulgation of this Constitution.

Section 305

At the preliminary stage, the following provisions are not allowed to be enforced under the following conditions:

1. Provisions under section 47 paragraph two shall not be enforced until the enactment of a law on the establishment of an independent state agency in charge of the allocation of frequencies and the supervision of radio and television broadcasting and telecommunication businesses, which shall be made no later than 180 days after statement of the government’s policy to the National Assembly. The law shall at least specify provisions concerning formation of specific committees as separate entities inside the organization to supervise radio and television broadcasting and to supervise telecommunications businesses and include provisions to supervise and protect the businesses, establish communication resource development fund and promote public participation in public mass communication. This law shall not affect the concessions or contracts that have been granted or made before the promulgation of this Constitution until such concessions and contracts expire.
2. By virtue of Section 296 paragraph 3, the provisions of Section 102 (10) specifically concerning the status of being a Senator, Section 115 (9) and Section 116 paragraph 2 shall not apply to the election of members of the House of Representatives and their assumption of political positions for the first time under this Constitution.
3. Provisions of Section 141 shall not apply to the enactment of the organic law under Section 295.
4. Provisions of Section 167 paragraphs 1and 2 two, Section 168 paragraph 9, Section 169 only on the specification of source of income to reimburse the prepaid expenditure , and Section 170 shall not apply for one year after the promulgation of this Constitution.
5. Any action concerning the preparation and observation of any treaty that has already been concluded before the promulgation of this Constitution shall proceed and Section 190 paragraph 3 shall not apply to this. Section 190 paragraph three shall apply only to unfinished action that has to be proceeded.
6. Provisions of Section 209 (2) shall not apply to the National Human Rights Commission, whose members are still holding office on the date of promulgation of this Constitution.
7. Provisions of Section 255 paragraph 5 and Section 288 paragraph 3 shall not apply for a period of one year as from the date of promulgation of this Constitution.

Section 306

At the preliminary stage, Supreme Court Judges, who have served in positions not lower than Supreme Court Judges and reached 60 years of age in fiscal year 2007 shall perform their duties as Senior Supreme Court Judges as stipulated in Section 219 up until the enactment of a new law specifying procedures for performance of duties of Senior Supreme Court Judges.

Within one year as from the date of promulgation of this Constitution, a law governing criteria for Judge of Court of Justice to be in office for up to 70 years of age and the Judges of Court of Justice, who have reached 60 years of age in what fiscal year and have already performed the duty for at least 20 years and passed a physical test, to hold positions not higher than what they have ever held, shall be enacted.

The law to be enacted in paragraphs 1 and 2 shall contain provisions specifying details of Judges who reach 60 years of age in what fiscal years for the first 10 years and must gradually resign from office and who to resume the position of the senior Judge in the Court of Justice.

The provisions in paragraphs two and three shall apply to the public prosecutors mutatis mutandis.

Section 307

Qualified members of the Judicial Commission of Court of Justice who are still in office on the date of promulgation of the Constitution shall resume their positions except for qualified members who have reached 60 years of age in fiscal year 2007 and members who have moved to other courts. Qualified members of the Judicial Commission of Court of Justice shall remain in office for not more than 180 days as from the date of promulgation of the Constitution.

Section 308

The Council of Ministers which administers affairs of the State on the date of promulgation of this Constitution shall appoint an independent legal reform committee within 90 days of the date of the proclamation of this Constitution. The said committee shall be in charge of conducting studies and providing advice on the enactment of laws in accordance with the constitutional provisions. The said committee shall make a law for the establishment of a legal reform organization under Section 81 (3) within one year of the date of the promulgation of this Constitution. The said law shall at least contain the provisions promoting public participation in the law.

Actions taken under paragraph one shall not constitute the reduction of powers and duties of other agencies in charge of producing laws under their responsibility.

Section 309

All actions that have been endorsed by the Interim Constitution of the Kingdom of Thailand B.E. 2549 as being lawful and constitutional, including all subsequent actions and activities taken both before and after the promulgation of this Constitution shall be deemed lawful and constitutional under this Constitution.