การวินิจฉัยเหตุแห่งการเป็นผู้มีส่วนได้เสียกับ องค์กรปกครองส่วนท้องถิ่นของศาลปกครอง

Abstract

This independent study was conducted to investigate the consideration of the Administrative Court regarding stakeholders who signed the contracts or businesse transactions with the local administrative organizations. The applied concepts and theories in this studyt, regarding description of stakeholders, were also reviewed. The study examined comments of the Council of State and Admininistrative Court decisions by using selected cases that government officials or authorities were considered as the stakeholders under the contracts or business transactions with local administrative organizations. As a result of the study, the opinions of the Council of State through the suggestions to several organizations regarding the consideration about stakeholders who signed the contracts or businesse transactions with the local administrative organizations were mainly based on the principles of conflict of interests. However, the Administrative Court would consider the facts in each case basis whether the authority wrongly exercised the power for one own benefit or took advantage of the public interest or not. Moreover, the Administrative Court would decide that the authority who was responsible for ordering or approving of activity or managment of that local administrative organization whether had exploited the benefit for himself or his group, ethier direct or indirect approach. Accordingly, the decisions of Administrative Court for each case were different.