EC chief hints at ‘secret weapon’ to fight organic law in court

[webfact]

EC chief hints at ‘secret weapon’ to fight organic law in court

By The Nation

 

EC President Supachai.

 

BANGKOK: -- Election Commission (EC) President Supachai Somcharoen said on Thursday the agency had a “secret weapon” to bring the case against the organic law to the Constitutional Court despite the recent claim by the chief charter drafter that it would not be easy.

 

Constitution Drafting Commission (CDC) chairman Meechai Ruchupan said on Wednesday that it was not legally possible to petition the Constitutional Court unless the law “was officially in effect”.

 

The EC bill is among the first four organic draft bills essential for the coming election. It was passed last month by the National Legislative Assembly, but the EC opposed the passage arguing that some content, including the total reset of the EC, was unconstitutional. The joint law review committee was set up but resolved against the EC’s argument, suggesting no further amendments. The EC hence plans to petition the court.

 

Meechai said if the Constitutional Court ruled that the clauses in the bill in question were unconstitutional, the EC members would have to be prepared to be prematurely removed from office when it could have served until the new commissioners were appointed.

 

Supachai responded on Thursday that the agency was well aware of the procedure under Section 210 of the Constitution, but insisted there were other channels it could use as a secret weapon to fight the organic law, which the agency has argued is unconstitutional.

 

Section 210 stipulates that the court could also accept a petition concerning “draft bills”, apart from promulgated laws.

 

Supachai declined to disclose what the secret channel was but expressed confidence that the agency knew what it was doing and would not embarrass itself.

 

The EC president said he had no concerns about premature dismissal.

 

“If the bill is unconstitutional, it has to be dropped. Then we don’t act on behalf of the new EC batch but stay on following a special law,” Supachai said. “It’s not that we have to leave immediately. But I won’t tell you what law that is.”

 

He went on to say that sooner or later the commissioners had to go. Supachai said he had no concern about his removal. He only cared about the effectiveness and efficiency of the agency, the EC president said.

 

Source: http://www.nationmultimedia.com/news/national/30320082

 

-- © Copyright The Nation 2017-07-07

[BigBadGeordie]

Secret Weapon, not another lunch box full of money!

Not so secret.

[rkidlad]

Pure talk and posturing. There's no secret weapon.

 

Just like at school when you'd make an empty threat. 

[Juan B Tong]

OMG!

You mean there is an orgasm law in Thailand?

[Eric Loh]

Let them fight. None of them working for the people. 

[tifino]

 yeah! specifically for coming down on the ewections

[Srikcir]

7 hours ago, webfact said:

Section 210 stipulates that the court could also accept a petition concerning “draft bills”, apart from promulgated laws.

Yes.

Section 210 The Constitutional Court shall have the following duties and powers:

(1) adjudicate the constitutionality of a law or bill;

(2) adjudicate the problems concerned with the duties and powers of the House of Representatives, the Senate, the Council of Ministers, or the Constitutional Organizations

 

In fact bills that might be issues of constitutionality are referred to as "organic laws" and require approval of the Constitutional Court for passage.

7 hours ago, webfact said:

The EC bill is among the first four organic draft bills essential for the coming election.

The only requirement for CC review is CC willingness to review. But what motivates Court majority vote for review might be a secret weapon that goes beyond legality - ironic if true.

[The Teacher]

Ha hahahahaha its not secret its called a rock

[YetAnother]

16 hours ago, webfact said:

But I won’t tell you what law that is.”

huh ?

[candide]

The anti-election commission is fighting back!