CDC mulls granting impeachment power to independent agencies

[rooster59]

CDC mulls granting impeachment power to independent agencies

BANGKOK: THE CONSTITUTION Drafting Commission (CDC) is thinking about granting independent agencies the authority to impeach politicians, its spokesman Amorn Wanichwi-watana revealed yesterday.

The CDC had decided earlier to deprive senators of their impeachment authority, paving the way for a non-elected Upper House in a move to keep it free of political influence and prevent a so-called "spouse" parliament.

Amorn said the drafters had decided that no new organisations would be set up, and that they would try to make existing agencies responsible for the impeachment task.

Several agencies would jointly investigate and examine the qualifications of those facing impeachment, the spokesman explained. The charter drafters will also list which agency will deal with which case.

So, if a case was related to graft, the National Anti-Corruption Commission would be made responsible for it. But if it concerned the qualification of lawmakers, the Constitutional Court should be in charge of the case, Amorn explained. However, he said the Constitutional Court's responsibilities was still being discussed.

Initially, the drafters agreed that the court should have the authority to make a final decision on all disputed issues, Amorn said, adding that judges would have to better qualified.

The drafters yesterday also considered the duties of state prosecutors, he said, adding that they would come up with measures to ensure prosecutors are not able to abuse or exploit their position.

However, unlike the 2007 charter, they would not be forbidden from holding positions in other state enterprises, he added, without confirming whether such a prohibition would be written in any organic laws. He only said that it would depend on the prosecutors to ensure their organisation works efficiently.

The CDC also deliberated yesterday on the court section in the draft, specifically in relation to the Administrative Court and Military Court. They also laid the initial grounds for the principle of the two courts' scope of authority, he said.

The drafters also discussed principles regarding transfers, appointments, promotions and pay raises of court personnel, as well as other human resource matters. They agreed that these issues would be stipulated in relevant organic laws, the CDC spokesman said.

Meanwhile, Prime Minister Prayut Chan-o-cha called on Thais to analyse the pros and cons of the draft charter and understand that the country was now in a period of transition.

"The government and the NCPO [National Council for Peace and Order] are willing to listen to all sides. The question is whether or not the people will accept this constitution. If provisions in the constitution do not make our country more secure, then things may go back to the way they were, with conflict, under-development, poverty and other problems," he said in his weekly TV programme "Return Happiness to the People" last night.

He said the government had already been putting in place a strong system to deal with this, allowing reforms to take place in the state-enterprise sector, as well as in eradicating corruption.

"Corruption should be addressed at its root. Every sector - government, private and public - has to work together on this.

"We all need to agree to use this pivotal period to cooperate and develop sustainable solutions on this matter. This will allow for real progress," he said.

Source: http://www.nationmultimedia.com/politics/CDC-mulls-granting-impeachment-power-to-independen-30273431.html

-- The Nation 2015-11-21

[Snig27]

So non elected bodies can overthrow elected bodies or politicians. Hard to overstate how completely wrong this is. But inevitable. This, after all, is what this whole FUBAR mess is all about.

[chainarong]

The CDC is off chasing rainbows again , there is only one person in the Land of Siam that should only be allowed to impeach or dissolve or appoint a caretaker government and that person is the highest person in the land , HRH of Thailand...................... .

[FangFerang]

"However, unlike the 2007 charter, they (prosecutors) would not be forbidden from holding positions in other state enterprises, he added, without confirming whether such a prohibition would be written in any organic laws. He only said that it would depend on the prosecutors to ensure their organisation works efficiently."

Um, do they consider that a prosecutor holding concurrent offices always has a conflict of interest?

[oneday]

No such thing as an "independent agency" in Thailand.

[waldroj]

The government is willing to listen to all sides – NOT!

[candide]

Do you get the logic?

They say the Senate will not have any more the power to impeach politicians, because the Senate will be unelected. So they give this power to unelected organisations such as the NACC.

Thai logic!

[Prbkk]

"The CDC had decided earlier to deprive senators of their impeachment authority, paving the way for a non-elected Upper House in a move to keep it free of political influence and prevent a so-called "spouse" parliament."

Non sequitur of the decade material