Translation:Amendment (No 2) of 2554 Buddhist Era to the Constitution of the Kingdom of Thailand
Volume 128Issue 13A
Royal Gazette
4 March 2554
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Amendment (No 2)
of 2554 Buddhist Era
to the Constitution of the Kingdom of Thailand
Bhumibol Adulyadej R
Given on the 3rd day of March 2554 BE
Being the 66th year of the present reign
His Majesty King Maha Bhumibol Adulyadej is pleased to give a Great Royal Command that it be announced as follows:
Whereas it is appropriate to amend the Constitution of the Kingdom of Thailand;
Therefore, He is graciously pleased to enact the following Amendment to the Constitution of the Kingdom of Thailand:
Section1.This Constitution is called the Amendment (No 2) of 2554 Buddhist Era to the Constitution of the Kingdom of Thailand.
Section2.This Constitution shall enter into operation from the day following the day of its publication in the Royal Gazette onwards.
Section3.The dispositions of section 190 of the Constitution of the Kingdom of Thailand shall be repealed and replaced by the following dispositions:
“Section190.The Monarch retains the royal prerogative to conclude written agreements of peace, agreements for armistice, and other agreements with foreign countries or international organisations.
Any written agreement which provides for a change in the territory of Thailand or an extraterritorial area over which Thailand has a sovereign right or has jurisdiction in accordance with a written agreement or international law, or which requires the issuance of an act for its implementation, or which extensively affects the economic or social security of the Country, or which has a significant binding effect upon trade, investment, or budget of the Country, must be approved by the National Assembly. In this respect, the National Assembly must finish its consideration within sixty days from the day of its receipt of the mentioned matter.
Before carrying out proceedings for conclusion of the written agreement under paragraph 2 with a foreign country or international organisation, the Council of Ministers must provide information to and organise the hearing of opinions of the public and must explain about that written agreement to the National Assembly. In this respect, the Council of Ministers must submit the negotiation framework to the National Assembly for approval also.
After having signed the written agreement under paragraph 2 and before expressing the intention to be bound thereby, the Council of Ministers must enable the public to access the details of such written agreement. And in the event that the observance of the mentioned written agreement affects the public or small and medium sized entrepreneurs, the Council of Ministers must, in an expeditious, suitable, and fair manner, effect rectification or remedy for those who have been affected thereby.
There shall be a law on the designation of types, negotiation frameworks, processes, and procedure for the conclusion of written agreements which extensively affects the economic or social security of the Country or has a significant binding effect upon trade, investment, or budget of the Country, as well as the rectification or remedy for those who have been affected by the observance of the mentioned written agreement, in respect of which regard shall be had to fairness between those benefited and those affected by the observance of the written agreement and the general public.
In the event that a problem according to paragraph 2 occurs, it shall be the power of the Constitutional Court to give a decisive ruling, in respect of which the provisions of section 154(1) shall apply mutatis mutandis to the referral of the matter to the Constitutional Court.”
Section4.Proceedings shall be executed for bringing into existence within one year from the day of promulgation of this Constitution the law under section 190 of the Constitution of the Kingdom of Thailand as amended by this Constitution.
Countersignature
Abhisit Vejjajiva
Prime Minister
Note: The grounds for promulgation of this Amendment to the Constitution of the Kingdom of Thailand are as follows: Due to insufficient clarity, there still are different understandings about the provisions of the Constitution of the Kingdom of Thailand which concern the written agreements concluded by the Government with foreign countries or international organisations in the matters that extensively affect the economic or social security of the Country or have a significant binding effect upon trade, investment, or budget of the Country, and this results in obstacle to the execution of the foreign policy of the State. It is appropriate to amend these provisions by enabling the enactment of a law designating the details as to the types of written agreements which will have to be submitted to the National Assembly for approval, so as to enhance of the clarity of these provisions which would enable them to be correctly observed in the future. It is therefore necessary to enact this Constitution.
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
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This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:
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I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide. In case this is not legally possible: I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.
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