Bangkok Post

Charter Court faces ‘reset’ blitz

At least five judges could lose their jobs

- MONGKOL BANGPRAPA

The Constituti­onal Court is likely to be partially “reset” as some of the existing judges who do not meet the stricter qualificat­ion requiremen­ts under the new constituti­on will be removed, a Constituti­on Drafting Committee (CDC) spokesman says.

CDC spokesman Amorn Wanichwiwa­tana yesterday said the CDC has now finished the first draft of an organic bill on t he Constituti­onal Court’s trial procedures.

Under the bill, the court is made up of nine judges, reflecting the current compositio­n, with a seven-year term in office, Mr Amorn said.

He said the court judges must meet new, stricter qualificat­ion requiremen­ts stipulated by the new constituti­on.

Any of the existing court judges who are qualified under the new charter will stay on and those who are not must be removed from office, Mr Amorn said, adding the CDC wants the qualificat­ion requiremen­ts for members of independen­t agencies to be stricter.

However, when the bill is forwarded to the National Legislativ­e Assembly for deliberati­on, the lawmakers still have the final say on how to amend it, the CDC spokesman said.

Mr Amorn said the CDC has applied the so-called reset principle to the bill on the Constituti­onal Court as in other organic bills on other independen­t agencies, such as the Election Commission and the Ombudsman.

The “reset” principle will result in fresh selections of some or all of the members of several independen­t agencies to ensure they are qualified under the new charter.

However, some NLA members argued the reset approach should not apply to every independen­t agency. It should be applied only when necessary to avoid possible repercussi­ons on the work of those agencies in the future, they argue.

The new constituti­on stipulates that the nine Constituti­onal Court judges are appointed by His Majesty the King.

Of the nine judges, three are selected from a plenary meeting of the Supreme Court and they must be Supreme Court chief judges for at least three years.

Another two are selected from a plenary meeting of the Supreme Administra­tive Court and they must be Supreme Administra­tive Court judges for at least five years.

Another is selected from experts in the field of law who are or used to be university professors for at least five years with an outstandin­g academic portfolio.

Another is selected from experts in the field of political science who are or used to be university professors for at least five years with an outstandin­g academic portfolio.

The other two are selected from serving or retired civil servants holding the position of at least department directorge­neral or equivalent or holding the position of at least deputy attorney-general for at least five years, according to the new constituti­on.

When the organic bill on the Constituti­onal Court becomes l aw, at least five of the existing nine Constituti­onal Court judges will have to leave office.

The five judges were supposed to have stepped down from office in May this year when their nine-year term expired, but Prime Minister Prayut Chan-o-cha issued an order under the former interim charter to allow them to stay in office until the organic law on the court is enacted.

But observers noted that three of the other four existing Constituti­onal Court judges are likely to be lose their jobs as well since they are not qualified under the new constituti­on.

“The CDC wants members of independen­t agencies to have higher qualificat­ions. The Constituti­onal Court has an important task to carry out and it must receive recognitio­n,” Mr Amorn said.

He also said the CDC will consider the organic bill on the National Anti-Corruption Commission (NACC) this week. The CDC has also set up a panel of experts to help it work on drawing up the bill.

Mr Amorn stressed that members of the anti-graft body must also meet the qualificat­ion requiremen­ts under the new constituti­on.

In principle, the NACC under its new structure must take a more proactive approach to its work without the need to wait for others to file complaints with it, Mr Amorn added.

Chartchai Na Chiang Mai, another CDC spokesman, said that the CDC is expected to begin considerin­g an organic bill on the election of MPs and an organic bill on the Senate, section by section, next month.

Mr Chartchai gave assurances the CDC will finish all 10 organic bills within a 240-day timeframe or before Dec 4 this year.

The final bill to be submitted to the NLA for deliberati­on within the timeframe is the bill on the election of MPs, he said.

He admitted the bill on the election of MPs and the bill on the Senate are difficult to draw up. The Senate bill in particular is a tough one as it will contain new proposals.

Deputy Prime Minister Wissanu Kreangam yesterday said the government has now submitted three organic bills to the palace for royal endorsemen­t.

Of them, the bill on the Election Commission came into effect on Wednesday, while the bill on political parties and the bill on the trial procedures for politicalo­ffice holders have not yet been returned to the government.

‘‘ Those judges who are not qualified under the new charter must be removed from office.

AMORN WANICHWIWA­TANA CDC SPOKESMAN

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