Pakorn clarifies legal principles, affirming that administrative orders take immediate effect. He points out that dismissal from government service requires suspension of salary and benefits. He cautions against rhetoric that misleads society.
On 4 Sep 2026 GMT+7, Deputy Prime Minister Pakorn Nilprapunt posted on his personal Facebook to clarify legal principles regarding administrative orders. He aimed to foster correct public understanding about 11 key principles of administrative law, emphasizing that administrative orders consist of the following.
1. An administrative order takes effect against a person once they are notified, in accordance with Section 42 of the Administrative Procedure Act.
2. The effect of an administrative order is to create, transfer, change, or suspend the rights of the person subject to it.
3. Simply put, once notified of an administrative order, it takes effect immediately. Subsequent legal procedures also take effect right away; for example, if dismissed from government service, salary, compensation, and benefits must be suspended from that day.
4. To contest an administrative order, unless the law provides otherwise, one must first appeal under the Administrative Procedure Act or to another agency before filing a case with the administrative court, following the principle of exhaustion of administrative remedies.
5. If the law specifies a particular procedure, that procedure must be followed, such as filing directly with the administrative court.
6. Under administrative law principles, contesting an administrative order—whether by appeal or filing in the administrative court—does not stay enforcement of the order unless the appellate authority or the court issues a stay order. For example, Section 69 of the Administrative Procedure Code states that filing a case to revoke a regulation or administrative order does not stay enforcement unless the court orders otherwise.
7. In short, an administrative order remains effective unless the appellate authority or administrative court issues a stay. Filing a lawsuit claiming an administrative order is unlawful does not immediately invalidate or suspend that order, because the court must first thoroughly examine the procedural and substantive details.
8. For example, a closure order requires the business to cease operations, or a dismissal order means the person must leave government service and no longer perform duties.
9. The key principle is the "stability of administrative orders."
10. If the administrative court ultimately rules an order unlawful, it must be revoked and the affected party compensated. If the court upholds the order, it remains enforceable, such as a dismissal order being valid from the date the person was notified.
11. When the administrative court accepts a case, it first determines whether the matter is an administrative order or under its jurisdiction. Acceptance means the order has been effective since the notification date. If unclear, refer back to point 1. Avoid rhetoric that distorts public understanding.