Article 44 orders to be nullified ‘after govt completes roadmap missions’: Sansern

By The Nation

 

Lt Gen Sansern.

 

Orders issued by the head of the junta will be nullified after the government has accomplished its missions in line with the roadmap, Government Spokesperson Lt-General Sansern Kaewkamnerd said on Tuesday.

However, he did not provide any further details on the matter. 

 

Orders from the junta chief are issued via the absolute power granted under Article 44, which was first addressed in the interim charter and later secured in the 2017 Constitution.

 

Such orders have become laws once issued, and will remain in place unless they are legally nullified. The latest use of the power was to amend the new political party law in order to extend parties’ administrative work periods prior to an election.

 

Political parties have cried foul that the recent order imposes disadvantages on them instead of easing matters, ahead of a national election that is due to take place at the end of this year.

 

Sansern said the National Council for Peace and Order had reviewed the use of Article 44 power at its meeting today, and that Deputy Prime MInister Wissanu Krea-ngam had been assigned to revisit the original purposes for its use for the council’s members. 

 

According to the government spokesman, there are three prime purposes for the use of Article 44. 

 

First, it is used for “important matters”, which include reform or structural changes, national security, public safety, and rehabilitation of economic woes. 

 

Secondly, it is used when the normal legal processes are delayed and susceptible to prompting public frustration. 

 

Thirdly, Article 44 is used for fixing immediate problems before more sustainable measures are issued.

 

It would however never be used to overrule the judiciary, he added.

 

Source: http://www.nationmultimedia.com/detail/politics/30335891

 

-- © Copyright The Nation 2018-01-10

And when exactly are these missions supposed to start? Still waiting for reforms and reconciliation to start...

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1 hour ago, webfact said:

Orders issued by the head of the junta will be nullified after the government has accomplished its missions in line with the roadmap, Government Spokesperson Lt-General Sansern Kaewkamnerd said on Tuesday.

not withstanding the ongoing headache people get when this guy opens his mouth, what are those missions again ? what if one or more are dreams and not attainable (political unity springs to mind)?

does that mean the whole batch remains 'law' ?

this guy said something and said nothing

1 hour ago, webfact said:

However, he did not provide any further details on the matter

Great. How reassuring. 

We've all heard that word "never" in regards to fix it 44.

Followed by"well actually"

You mean I'll have to start doing immigration cards again?

An article in today's Bangkok Post reports that according to a Deputy PM about 50 S.44 orders will be made into laws to avoid them lapsing after the general election:
https://www.bangkokpost.com/news/politics/1393458/section-44-orders-to-be-legislated-into-law
Confused?

I'm not saying this 44 is right - but its moved some stuff for the junta. If any party gets in the junta does not like, and do not have the same power of speedy problem solving, the junta huggers will be defending their record in power even though they have hamstrung the opposition.

it will be replaced by article 55

OK its clear,  they will be law until they are not laws and when they get to a point on the road map of peace and unity they will be revoked unless they are not revoked in wich case they will remain unless they don't remain.

 

Simple.

This news runs counter to this morning's story which states the NLA will incorporate 50 section 44 laws into the statute books.

1 hour ago, klauskunkel said:

it will be replaced by article 55

You mean article 555

21 hours ago, webfact said:

 

Lt Gen Sansern.

What . . . 2 dummies in one week? Prayut's back-seat driving knows no bounds! And this poor sod's already got his bags packed. Where is Lieutenant General/Spokesperson Sansern headed for, this time? . . . The RTP's crying out for a guy that makes a big noise that means sod all.

21 hours ago, webfact said:

Orders issued by the head of the junta will be nullified after the government has accomplished its missions in line with the roadmap

The road map has been described as a 20-year national strategy and reform plan that was passed into law in June 2017.

http://www.nationmultimedia.com/detail/politics/30318805

The procedures for execution of the roadmap are enshrined in the 2017 Constitution. Good luck to any legislative amendment to the Constitution with a military-dominated Senate. Once the roadmap is completed, what difference does it make whether the NCPO Orders are nullified or simply become obsolete?

21 hours ago, webfact said:

there are three prime purposes for the use of Article 44. 

The three stated purposes are not direct quotes but an inaccurate and perhaps misleading paraphrase of purposes stated in Article 44 of the Interim Constitution.

https://en.wikisource.org/wiki/Translation:Constitution_of_the_Kingdom_of_Thailand_(Interim)_2014/2014-07-22#27

Sansern seems to use a more benign interpretation. Kind of like the Orders are done to do "good stuff."