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Translation:Amendment to the Constitution of the Kingdom of Thailand (No. 2), Buddhist Era 2554 (2011)

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Seal of the Royal Command of Thailand


Amendment


to the Constitution of the Kingdom of Thailand (No. 2),


BE 2554 (2011)




Bhumibol Adulyadej, Rex.


Given under my Hand this 3rd Day of March, BE 2554 (2011);


Being the 66th Year of my Reign.



His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is desirable to amend the Constitution of the Kingdom of Thailand;

Be it enacted by the King’s most Excellent Majesty as follows:



§ 1

This Constitution shall be cited as the “Amendment to the Constitution of the Kingdom of Thailand (No. 2), BE 2554 (2011)”.


§ 2

This Constitution shall come into force as from the day following the date of its publication in the Government Gazette.[1]


§ 3

The provisions of section 190 of the Constitution of the Kingdom of Thailand shall be repealed and replaced by the followings:

Ҥ 190

“The King shall be invested with the prerogative to conclude the treaties of peace, treaties of armistice and other treaties with the foreign states or international organisations.

“A treaty must be approved by the National Assembly if its provision would result in a change of the Thai territory or extraterritorial area over which Thailand is competent to exercise sovereignty in virtue of another treaty or international law, or its implementation requires the enactment of an Act, or it would extensively impact the national economic or social security, or it would considerably bind the national trade, investment or budget. In this respect, the National Assembly must complete its deliberations within sixty days from its receipt of the said matter.

“Prior to undertaking any action so as to engage in a treaty under paragraph 2 with a foreign state or international organisation, the Council of Ministers must disclose information concerned to the public, hold the public hearings and address an explanation as to such treaty to the National Assembly. In this regard, the Council of Ministers shall also submit the negotiation framework to the National Assembly for approval.

“Upon having signed a treaty referred to in paragraph 2, the Council of Ministers, before declaring an intention to be bound therewith, must make the contents thereof available to the public and, in cases the implementation thereof impacts the public or small and medium entrepreneurs, must expeditiously, appropriately and fairly resolve or remedy the impacts incurred by the persons concerned.

“There shall be a law determining the types, negotiation frameworks, process and procedure of concluding the treaties extensively impacting the national economic or social security or considerably binding the national trade, investment or budget, and of resolving or remedy the impacts incurred by the persons concerned in consequence of the implementation of the said treaty; prescribed, however, that regards shall be paid to the fairness between the persons benefited and impacted by such implementation and the general public.

“Where arises a problem dealing with paragraph 2, the problem shall be referred to the Constitutional Court for decision. The provisions of section 154 (1) shall apply mutatis mutandis to the making of such referral to the Constitutional Court.”


§ 4

The law set forth in section 190 of the Constitution of the Kingdom of Thailand as amended by this Constitution shall be brought into existence within one year from the coming into force of this Constitution.



Countersigned by:
Abhisit Vejjajiva,
Prime Minister.



Statement of Grounds

The grounds for promulgation of this Amendment to the Constitution of the Kingdom of Thailand are as follows: Since certain provisions of the Constitution of the Kingdom of Thailand deal with the treaties to be concluded by the Government and the foreign states or international organisations and likely to extensively impact the national economic or social security and considerably bind the national trade, investment or budget, but no sufficient clarification is provided with respect thereto, the understandings concerning such treaties are hence various and the execution of the State’s foreign policy is then interrupted. It is expedient to improve those provisions by providing for the enactment of a law determining the details of the treaties required to be approved by the National Assembly, with a view to clarifying the types of such treaties and bringing about the more correct fulfillment of the said provisions. It is therefore necessary to enact this Constitution.



Footnotes[edit]

  1. Published in the Government Gazette: volume 128/part 13 A/page 7/March 4, 2011.