Two organic laws already drafted, to be presented to CDC

[rooster59]

Two organic laws already drafted, to be presented to CDC

 

Tanakorn Sangiam

 

 

BANGKOK, 27 August 2016 (NNT) – Two organic laws under a new constitution has already been drafted by the Election Commission (EC) and will be presented to the Constitution Drafting Commission (CDC). 

However, constitution amendment in line with the referendum question must not lead to any misinterpretation, said Election Commissioner Boonsong Noisopon. 

The new constitution's organic laws which have been drafted involve the election of Members of Parliament and political parties. 

The organic law on the political parties will make it more difficult than ever to form a new political party as one is legally required to have a minimum of 5,000 members from four regions of the country. 

The EC is now reviewing the organic laws to ensure they comply with the new constitution before submitting them to the CDC within this month. The EC is also in progress of drafting an organic law on the Senate and another on the Election Commission. 

The commissioner said the new constitution should not be amended too easily or too hard while all parties should avoid any misinterpretation of the charter.

 

 

-- nnt 2016-08-28

 

[jamesbrock]

Wait, they're intentionally trying to make it more difficult than ever to form a new political party??

[NongKhaiKid]

16 minutes ago, jamesbrock said:

Wait, they're intentionally trying to make it more difficult than ever to form a new political party??

I'm sure if the new political party that many expect appears it will easily meet any and all of the legal requirements needed  !      

[Thechook]

Looks as tho the junta will be the only party to vote for.

[waldroj]

"...Two organic laws under a new constitution have already been drafted by the Election Commission..."

 

And here lies much of the problem with Thai bureaucracy - the left hand doesn't know what the right hand is doing!

Let's be quite clear about this, it is NOT the job of the five members of the Election Commission to draft legislation - it is the role of the 21 members of the Constitution Drafting Committee!

 

On the one hand, the EC's role, according to Section 39/1 Para. 4 of the Interim Constitution was defined thus:

 

• It shall be the duties of the Electoral Commission to carry out the referendum, making an announcement of the referendum result, disseminating to the public, by whatever means, the draft Constitution and explanation of the essence of the draft Constitution under paragraph three so that the public conveniently and generally knows.

Nothing was mentioned about drafting Legislation.

 

Even Section 224 of the "people's" Constitution doesn't suggest the EC should do this. Instead, it says:

 

The Election Commission shall have the duties and powers as follows:

1. organize or arrange for the conduct of election of members of the House of Representatives, selection of senators and election of members of the local councils and local executives, and the conduct of public referendum;
2. govern the election and the selection under (1) to be in an honest and fair manner, and govern the voting in a referendum to conform with the law. For this purpose, it shall have investigation or inquiry power as deemed necessary or expedient.
3. where the result of the investigation or inquiry under (2) reveals that or there is an apparent act that reasonably leads to doubt that the election or selection under (1) has not been conducted with honesty or fairness, or the voting in a referendum has been unlawfully conducted, it shall have the power to suspend, restrain, alter or cancel the election or selection or the voting in a referendum and order a new proceeding of election, selection or the voting in referendum in some polling stations or all.
4. order temporary suspension of the right to apply for candidacy of a candidate in the election or selection under (1) for a period of not more than one year if there is reasonable evidence to believe that such person has committed an act or known of the act committed by another person in a dishonest fashion or causing the election or selection to be dishonest or unfair;
5. govern the operations of political parties to conform to the law;
6. other duties and powers as provided by the Constitution or the law.

 

The CDC's role (on the other hand) as defined in Section 39 of the Interim Constitution is defined thus:

 

• ...If the Draft Constitution is approved at the referendum, the Constitution Drafting Committee still exist to make the Organic Law or other necessary laws so as to propose the National Legislative Assembly for consideration. When the new Constitution comes into force, the performance of duties of the Constitution Drafting Committee shall be in accordance with the provisions of that Constitution.

And those provisions are defined by Section 267 of the new Constitution :

 

The Constitution Drafting Committee appointed under the Constitution of the Kingdom of Thailand (Interim) B.E. 2557, amended by the Constitution of the Kingdom of Thailand (Interim) B.E. 2557, Amendment (No. 1) B.E. 2558 and the Constitution of the Kingdom of Thailand (Interim) B.E. 2557, Amendment (No. 2) B.E. 2559, shall continue to perform duties for the purpose of completing the following Organic Bills for submission to the National Legislative Assembly for consideration and approval:

1. the Organic Act on Election of Members of the House of Representatives;
2. the Organic Act on Acquisition of Members of the Senate;
3. the Organic Act on the Election Commission;
4. the Organic Act on Political Parties;
5. the Organic Act on the Procedure of the Constitutional Court;
6. the Organic Act on the Criminal Procedure for Persons Holding Political Positions;
7. the Organic Act on the Ombudsman;
8. the Organic Act on Prevention and Suppression of Corruption;
9. the Organic Law on the State Audit;
10. the Organic Law on the National Human Rights Commission.

The first four of which are critical in starting the clock counting down to the election, and the third Act specifically relates to the EC - so they could not possibly be expected to draft that one!

 

Regardless of who's hands are involved, Section 268 it the critical determinant!

• Election of members of the House of Representatives under this Constitution shall be held within one hundred and fifty days as from the date the organic laws under Section 267 (1), (2), (3) and (4) have come into force.

 

[Chang_paarp]

OK I'll bite.

What is an organic law? One created without chemicals? One with carbon chemistry?

Which leads to the next question, what is an inorganic law?

[WhisperingJack]

I must be getting old. When I saw "organic laws" I thought it would be an article about farmers meeting the requirements for claiming that they were producing "Organic Produce".

 

I was wrong again. Amazing Thailand!!!!

[elgordo38]

5 hours ago, jamesbrock said:

Wait, they're intentionally trying to make it more difficult than ever to form a new political party??

Wasn't that obvious from the very beginning. Standing together you win divided you fail.

[williamgeorgeallen]

5 hours ago, jamesbrock said:

Wait, they're intentionally trying to make it more difficult than ever to form a new political party??

yes for them having 2 is already 1 more than they want. smart move mr general, well played. which idiot on here posted that democracy is taking a back seat to ensure the country is safe? this has nothing to do with safety.

[williamgeorgeallen]

3 hours ago, Chang_paarp said:

OK I'll bite.

What is an organic law? One created without chemicals? One with carbon chemistry?

Which leads to the next question, what is an inorganic law?

good question. i think these are going to be very unpopular new laws but calling them organic puts a nicer name to them to try to limit how negative they are. you like organically grown food right?

[Srikcir]

5 hours ago, Chang_paarp said:

What is an organic law?

My understanding:

The legislative process of an Organic Acts differs from that of an ordinary Acts with regards to persons who have the right to submit a bill to the parliament, and the period of time in which each House need finalize the deliberation of a bill. Furthermore, an Organic Act bill needs to be submitted to the scrutiny by the Constitutional Court, whether or not there is any complaint on the constitutionality of such bill (a provision in the 2007 Constitution).¹

¹ Ref. "Legislative Process in Thailand: A Statistical Overview," Chapter One by Shinya Imaizumi and Kritchapol Comsatyadham

Apparently not unique to Thailand.

 

[Reigntax]

7 hours ago, Chang_paarp said:

OK I'll bite.

What is an organic law? One created without chemicals? One with carbon chemistry?

Which leads to the next question, what is an inorganic law?

 

One drafted on pure bullsh#t I would assume. And they seem very capable of producing it in copious quantities. One could say a hub of organic substances.

[Eligius]

20 minutes ago, Reigntax said:

 

One drafted on pure bullsh#t I would assume. And they seem very capable of producing it in copious quantities. One could say a hub of organic substances.

Oh, bravo, Reigntax: brilliant comment! Yes, Thailand is the hub of - ahem - political 'manure'!