Constitution of Thailand (2007)/Transitory provisions

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Constitution of Thailand (2007)
Transitory provisions

TRANSITORY PROVISIONS[edit]

Section 292. The Privy Council holding office on the date of the promulgation of this Constitution shall be the Privy Council under the provisions of this Constitution.

Section 293. The National Legislative Assembly under the Constitution of the Kingdom of Thailand (Interim) B.E. 2549 (2006) shall act as the National Assembly, the House of Representatives and the Senate under the provisions of this Constitution until there shall be the first sitting of the National Assembly under section 127.

During the time under paragraph one, if any provisions of this Constitution or any other law require a counter-signature by the President of the National Assembly, the President of the House of Representatives or the President of the Senate, then the President of the National Legislative Assembly shall be a countersignatory.

At the initial stage, if it is apparent that the Senate has not yet been constituted at the time when the first sitting is required under section 127, the National Legislative Assembly shall, with the exception of the consideration of persons for taking office or removing from office in accordance with the provisions of this Constitution, continue to act as the Senate until the Senate is duly constituted under this Constitution and any act performed by the National Legislative Assembly during such time shall be regarded as the act performed by the Senate, and in the case where any provisions of this Constitution or any other law require a countersignature by the President of the National Assembly, the President of the National Legislative Assembly shall be a counter-signatory.

The provisions of section section 93, section 94, section 101, section 102, section 106, section 109, section 111, section 113, section 114, section 115, section 119, section 120, section 197 paragraph four, section 261 and the provisions of any law that prohibit persons from holding political positions shall not apply to the holding of office of a member of the National Legislative Assembly.

The provision of section 153 shall apply to the termination of the National Legislative Assembly mutatis mutandis.

Section 294. The Constitution Drafting Assembly and the Constitution Drafting Commission under the Constitution of the Kingdom of Thailand (Interim) B.E. 2549 (2006) shall cease to exist on the date of the promulgation of this Constitution.

For the purpose of avoidance of a conflict of interests, a member of the Constitution Drafting Commission shall not be a candidate for an election of members of the House of Representatives or hold office of senator within two years as from the date of the vacation of office under paragraph one.

Section 295. The National Legislative Assembly shall complete the consideration of the Organic Bill on the Election of Members of the House of Representatives and the Acquisition of Senators, the Organic Bill on Political Parties and the Organic Bill on the Election Commission as received from the Constitution Drafting Commission within the time specified in the Constitution of the Kingdom of Thailand (Interim) B.E. 2549 (2006).

In the case where, upon the lapse of the time under paragraph one, the National Legislative Assembly has not yet completed the consideration of such Organic Bills, the President of the National Legislative Assembly shall present the Organic Bills as prepared by the Constitution Drafting Commission to the King within seven days for His signature as if the National Legislative Assembly had approved such Organic Bills.

While the Organic Act on Political Parties and the Organic Act on the Election Commission under paragraph one have not yet come into force, the Organic Act on Political Parties, B.E. 2541 (1998) and the Organic Act on the Election Commission B.E. 2541 (1998) shall continue to be in force until such Organic Acts shall come into force.

Section 296. An election of members of the House of Representatives under this Constitution shall be held and completed within ninety days and action shall be taken for acquiring senators under this Constitution within one hundred and fifty days, as from the day the Organic Acts under section 295 come into force.

In the first general election of members of the House of Representatives after the promulgation of this Constitution, a person eligible for candidacy in the election shall be a member of any single political party for a period of not less than thirty days up to the election day. For this purpose, the required period under section 101 (4) (a) shall be replaced by the period of one year whilst the required period under section 101 (4) (c) and (d) shall be replaced by the period of two years.

At the initial stage, any person who was a senator elected for the first time under the Constitution of the Kingdom of Thailand, B.E. 2540 (1997) shall not hold office of senator to be acquired for the first time under this Constitution and the provisions of section 115 (9) and section 116 paragraph two shall not apply to persons who were senators last elected under the Constitution of the Kingdom of Thailand B.E. 2540 (1997).

Section 297. At the initial stage, selected senators shall hold office for a period of three years as from the date of the commencement of membership and the provisions prohibiting the holding of office for a period longer than one consecutive term shall not apply to such persons in the next selection subsequent to the termination of membership.

Section 298. The Council of Ministers assuming the administration of the State affairs on the date of the promulgation of this Constitution continues to be the Council of Ministers under the provisions of this Constitution and shall vacate office en masse when the Council of Ministers newly appointed under this Constitution takes office.

The Council for National Security under the Constitution of the Kingdom of Thailand (Interim) B.E. 2549 (2006) shall vacate office en masse together with the Council of Ministers assuming the administration of the State affairs on the date of the promulgation of this Constitution.

The provisions of section 171 paragraph two, section 172, section 174 and section 182 (4), (7) and (8) shall apply to the holding of office of the Prime Minister and Minister assuming the administration of the State affairs on the date of the promulgation of this Constitution.

Section 299. The Ombudsmen who are in office on the date of the promulgation of this Constitution shall be Ombudsmen under the provisions of this Constitution and shall continue to be in office until the expiration of the term and, for this purpose, the term shall be taken to commence as from the date of the appointment by the King and such Ombudsmen shall completely elect one amongst themselves to be Chairman of Ombudsmen within sixty days as from the date of the promulgation of this Constitution, and the provisions of section 242 paragraph two and paragraph three shall apply mutatis mutandis.

The Election Commissioners, members of the National Counter Corruption Commission and members of the National Economic and Social Council who are in office on the date of the promulgation of this Constitution shall continue to be in office until the expiration of the term and, for this purpose, the term shall be taken to commence as from the date of the appointment. The members of the National Human Rights Commission who are in office on the date of the promulgation of this Constitution shall continue to be in office until the appointment of the National Human Rights Commission has been made under the provisions of this Constitution. But, if such persons, upon appointment, have been in office for a period of not more than one year up to the date of the promulgation of this Constitution, the provisions prohibiting the holding of office for a period longer than one consecutive term shall not apply to such persons in respect of the first appointment of members of the National Human Rights Commission under this Constitution.

The persons under this section shall continue to perform duties under Organic Acts or relevant laws as in force on the date of the promulgation of this Constitution until Organic Acts or other laws have been enacted in the implementation of this Constitution, save that any provisions which are contrary to or inconsistent with provisions of this Constitution shall be replaced by the provisions of this Constitution.

Section 300. The Constitutional Tribunal under the Constitution of the Kingdom of Thailand (Interim) B.E. 2549 (2006) shall be the Constitutional Court under the provisions of this Constitution and, for this purpose, the holder of the office of the President of the Supreme Court of Justice shall be the President of the Constitutional Court and the holder of the office of the President of the Supreme Administrative Court shall be the Vice President of the Constitutional Court; but, judges in the Supreme Court of Justice or judges in the Supreme Administrative Court elected under section 35 of the Constitution of the Kingdom of Thailand (Interim) B.E. 2549 (2006) shall continue to be in office of judges of the Constitutional Court until there occurs an appointment of new judges of the Constitutional Court under the provisions of this Constitution, which must be made no longer than one hundred and fifty days as from the date of the appointment of the President of the House of Representatives and the Leader of the Opposition in the House of Representatives subsequent to the first general election of members of the House of Representatives under the provisions of this Constitution.

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

The provisions of section 35 paragraph two, paragraph three and paragraph four of the Constitution of the Kingdom of Thailand (Interim) B.E. 2549 (2006) shall continue to be in force until the enactment of the Organic Act on Procedure of the Constitutional Court.

All cases or acts being dealt with by the Constitutional Tribunal under paragraph one shall be dealt with by the Constitutional Court under this section and when judges of the Constitutional Court have been appointed under this Constitution, such cases or acts pending the required determination shall be transferred to the Constitutional Court newly appointed.

During the pendency of the Organic Act on Procedure of the Constitutional Court, the Constitutional Court shall have the power to issue rules governing procedure and delivery of decisions, provided that the enactment of such Organic Act shall be completed within one year as from the date of the promulgation of this Constitution.

Section 301. Action shall be taken for the selection of the State Audit Commission and the Auditor-General within one hundred and twenty days as from the date of the appointment of the President of the House of Representatives and the Leader of the Opposition in the House of Representatives subsequent to the first general election of members of the House of Representatives under the provisions of this Constitution, and if the office of President of the Constitutional Court selected under this Constitution remains vacant, the Selection Committee shall consist of its existing members.

While there is no State Audit Commission, the Auditor-General shall exercise the powers and perform the duties of the Chairman of the State Audit Commission and of the State Audit Commission.

Section 302. The following Organic Acts shall continue to be in force on the conditions set forth under this section:

(1) Organic Act on Ombudsmen B.E. 2542 (1999), provided that the Chairman of the Ombudsmen shall have charge and control of the execution of this Organic Act;

(2) Organic Act on Counter Corruption B.E. 2542 (1999), provided that the President of the National Counter Corruption Commission shall have charge and control of the execution of this Organic Act;

(3) Organic Act on State Audit B.E. 2542 (1999), provided that the Chairman of the State Audit Commission shall have charge and control of the execution of this Organic Act;

(4) Organic Act on Criminal Procedure for Persons Holding Political Positions B.E. 2542 (1999), provided that the President of the Supreme Court of Justice shall have charge and control of the execution of this Organic Act. Amendment to Organic Acts by Acts promulgated while the Constitution of the Kingdom of Thailand (Interim) B.E. 2549 (2006) remains in force shall be deemed the amendment by the Organic Acts under this Constitution.

The persons having charge and control of the execution of the Organic Acts under paragraph one shall take action in revising the respective Organic Acts to be in compliance with this Constitution within one year as from the date of the promulgation of this Constitution. In the case where the office the holder of which is required to have charge and control of the execution of such Organic Act is vacant, the period of one year shall commence as from the date of the appointment of the holder of such office.

The House of Representatives shall complete the consideration of the Organic Acts under this section within one hundred and twenty days as from its receipt thereof.

A resolution approving amendment to, or disapproving, the Organic Bills under paragraph one shall be passed with votes of not less than one-half of members of each House.

The Election Commission shall prepare the Organic Bill on Referendum in compliance with this Constitution and, for this purpose, the provisions of paragraph three, paragraph four and paragraph five shall apply mutatis mutandis.

Section 303. At the initial stage, the Council of Ministers assuming the administration of the State affairs subsequent to the first general election under this Constitution shall complete the preparation or revision of the laws on the following matters within the time specified:

(1) the law setting out of details in connection with the promotion and protection of the exercise of rights and liberties under section 40, section 44, Part 7, Liberties in Expression of Persons and Mass Media, Part 8, Rights and Liberties in Education, Part 9, Rights to Public Health Services and Welfare from the State, Part 10, Rights in connection with Information and Complaints, and the law on personal data under section 56, Part 12, Community Rights, the law on establishment of an independent organisation for the protection of consumers under section 61 paragraph two, the law on the Political Reform Council under section 78 (7), the law establishing the justice-administration reform organisation under section 81 (4), the law on establishment of farmers’ councils under section 84 (8), the law on establishment of a civic fund for political development under section 87 (4) and the law on National Human Rights Commission under section 256, within one year as from the date of the declaration of policies to the National Assembly under section 176;

(2) the law aimed at the development of national education under section 80 along the line of promoting formal education, informal education, personalised education, self-learning, life-time learning, community colleges or other forms of education;

provided that the Council of Ministers shall also revise laws for the purpose of determining agencies to be in charge of the administration of education suitable to and consistent with educational systems at all levels of basic education, within one year as from the date of the declaration of policies to the National Assembly under section 176;

(3) the law under section 190 paragraph five, which shall at least set out details in connection with procedures and methods for the conclusion of treaties, with checks and balances between the Council of Ministers and the National Assembly, transparency efficiency and actual public participation and also details in connection with independent research to be conducted prior to the negotiations of treaties without any conflict between interests of the State and interests of researchers at any time during the execution of the treaties, within one year as from the date of the declaration of policies to the National Assembly under section 176;

(4) the laws under section 86 (1) and section 167 paragraph three, within two years as from the date of the declaration of policies to the National Assembly under section 176;

(5) the law determining plans and the process of decentralisation, the law on local revenues, the law establishing local government organisations, the law on local officials and other laws under Chapter 14 Local Government in compliance with the provisions of this Constitution, within two years as from the date of the declaration of policies to the National Assembly under section 176 and, for this purpose, these laws may be integrated into a Code of Local Law.

In the case where it is apparent that any law enacted prior to the date of the promulgation of this Constitution has the substance already in compliance with the provisions of this Constitution, action under this section shall be deemed to be exempted.

Section 304. A code of ethics for the purpose of section 279 shall be prepared and completed within one year as from the date of the promulgation of this Constitution.

Section 305. At the initial stage, the following provisions shall not apply to the following events under the conditions herebelow:

(1) the provisions of section 47 paragraph two shall not apply until there shall be enacted the law under section 47 for the establishment of the agency in charge of the allocation of frequencies and the supervision over the operation of radio or television broadcasting businesses and telecommunication businesses, which must be completed within one hundred and eighty days as from the date of the declaration of policies to the National Assembly; in this connection, such law shall at least, in its substance, make the provision for the establishment of specific commissions as internal bodies within such agency independent from one another to be in charge of supervising radio and television broadcasting businesses and supervising telecommunication businesses and contain details with regard to the supervision and protection of the operation of businesses, the provision of funds for the development of communication resources and the promotion of public participation in the operation of public mass media, provided, however, that such law shall have no prejudice to lawful permissions, concessions or contracts made prior to the date of the promulgation of this Constitution until the expiration of such permissions, concessions or contracts;

(2) subject to section 296 paragraph three, the provisions of section 102 (10) only insofar as they deal with the previous holding of office of senator, section 115 (9) and section 116 paragraph two shall not apply to the first general election of members of the House of Representatives and the holding of political positions on the initial occasion under this Constitution;

(3) the provisions of section 141 shall not apply to the enactment of the Organic Acts under section 295;

(4) the provisions of section 167 paragraph one and paragraph two, section 168 paragraph nine, section 169 only insofar as they deal with the determination of sources of incomes for the reimbursement of expenditure previously made out of the treasury balance, and section 170 shall not apply within one year as from the date of the promulgation of this Constitution;

(5) any act, in connection with the conclusion or the implementation of a treaty, which has been done prior to the date of the promulgation of this Constitution shall be valid and the provisions of section 190 paragraph three shall not apply but the provisions of section 190 paragraph three shall apply to acts which remain incomplete and require further action;

(6) the provisions of section 209 (2) shall not apply to members of the National Human Rights Commission who are in office on the date of the promulgation of this Constitution;

(7) the provisions of section 255 paragraph five and section 288 paragraph three shall not apply within one year as from the date of the promulgation of this Constitution.

Section 306. At the initial stage, a judge in the Supreme Court of Justice having held office of not lower than judge of the Supreme Court of Justice and completely attained the age of sixty in the fiscal year 2007 may perform the duty as senior judge in the Supreme Court under section 219 until the law prescribing rules on the performance of duties of senior judges has been revised.

Within one year as from the date of the promulgation of this Constitution, there shall be enacted the law prescribing the rule to the effect that judges of the Court of Justice may be in judicial service until the age of seventy and judges of the Court of Justice who have completely attained the age of sixty upwards in any fiscal year and have served for a period of not less than twenty years may, upon passing the evaluation of professional proficiency, make a request for a transfer to the office of senior judges in a Court of a rank not higher than that at the time of their current office.

The law to be enacted under paragraph one and paragraph two shall have provisions to the effect that those who shall have completely attained the age of sixty upwards in any fiscal year within the first ten years as from the day this law comes into force shall gradually vacate office year by year consecutively and may make a request for a transfer to the office of senior judges.

The provisions of paragraph two and paragraph three shall also apply to public prosecutors mutatis mutandis.

Section 307. The qualified members of the Judicial Commission of the Courts of Justice who hold office on the date of the promulgation of this Constitution shall, with the exception of the qualified members who shall have attained the age of sixty in the fiscal year 2007 and the qualified members in any level of Court who have transferred from that level of Court, continue to hold office of members of the Judicial Commission of the Courts of Justice, provided that the continued holding of office shall not be longer than one hundred and eighty days as from the date of the promulgation of this Constitution.

Section 308. The Council of Ministers assuming the administration of the State affairs on the date of the promulgation of this Constitution shall, within ninety days as from the date of the promulgation of this Constitution, appoint an independent law reform commission to be in charge of studying and recommending the preparation of laws necessary to be enacted in the implementation of the provisions of the Constitution and such commission shall complete the preparation of a law establishing an agency responsible for law reform under section 81 (3) within one year as from the date of the promulgation of this Constitution and, for this purpose, such law shall at least contain also provisions imposing on such law reform agency the duty to support the law drafting by persons having the right to vote.

The performance of action under paragraph one shall not preclude powers and duties of other agencies charged with the duty to prepare laws under their responsibility.

Section 309. All acts recognised in the Constitution of the Kingdom of Thailand (Interim) B.E. 2549 (2006) as lawful and constitutional, including acts incidental thereto whether performed prior to or subsequent to the date of the promulgation of this Constitution, shall be deemed constitutional under this Constitution


Countersigned by

Michai Ruchuphan

President of the National Legislative Assembly