Volume 131, Issue 55A
Royal Gazette
22 July 2557
Section21.When there occurs a case of emergency in which it is urgently necessary to maintain security of the Kingdom, public safety, or economic security of the Country, or to avert a public disaster, or when it is necessary to have a law relating to taxation or currency which must be considered promptly and secretly, the Monarch wields the prerogative to enact an emergency decree to be applied as an act.
Upon promulgation of an emergency decree, the Council of Ministers shall introduce the emergency decree to the National Legislative Assembly without delay. If approbated by the National Legislative Assembly, the emergency decree shall continue to be in force as an act. If reprobated by the National Legislative Assembly, the emergency decree shall lapse, but this does not affect the affairs which took place during the application of the emergency decree, save where the emergency decree results in an amendment to or repeal of any provision of law, [in which case] the provision of law existing prior to the amendment or repeal shall continue to be in force from the day the said emergency decree lapses.
Approbation or reprobation of an emergency decree shall be published in the Royal Gazette. In the case of reprobation, it shall take effect from the day of its publication in the Royal Gazette.
Section22.The Monarch wields the prerogative to enact royal decrees which are not contrary to the law, the prerogative to grant pardon, and other prerogatives according to the custom of the democratic administration of Thailand with Monarch as Head [of State].
Section23.The Monarch wields the prerogative to conclude written agreements of peace, agreements for pacification of war, and other agreements with foreign countries or international organisations.
Any written agreement which provides for a change in the territory of Thailand or an extraterritorial area over which Thailand has a sovereign right or has jurisdiction in accordance with a written agreement or international law, or which requires the issuance of an act for its implementation, or which extensively affects the economic or social security of the Country, must obtain approval of the National Legislative Assembly. In this respect, the National Legislative Assembly must finish its consideration within sixty days counted from the day of its receipt of the matter.
A written agreement which extensively affects the economic or social security of the Country according to paragraph 2 refers to a written agreement which relates to free trade, a customs union, or the granting of the use of a natural resource, or which causes the Country to lose a right over a natural resource entirely or partially, or [which relates to] other matters as provided by the law.
When there is a problem as to whether or not any written agreement gives rise to a case according to paragraph 2 or paragraph 3, the Council of Ministers may apply to the Constitutional Court for a ruling. In this respect, the Constitutional Court shall finish its ruling within thirty days counted from the day of its receipt of the application.
Section24.The Monarch appoints military and civil public servants to the positions of permanent secretaries, directors general, and equivalents, [and appoints] judges and justices, holders of positions in the constitutional organisations according to the Constitution
