Issues Concerning the Eligibility of Petitioners and the Delay in Granting Class Action Certification

Abstract

This independent study aims to analyze and propose recommendations

for improving class action legislation by examining the legal frameworks of Thailand and foreign jurisdictions. The analysis focuses on two key issues: the standing of parties eligible to request class certification and the timeframe for its consideration. Although Thailand formally incorporated class action procedures into its Civil Procedure Code in 2015 (B.E. 2558), practical limitations in enforcement remain. These primarily involve restrictive eligibility criteria for class representatives and delays in judicial approval of class certification.

The study recommends broadening the eligibility criteria to include legally recognized agencies or organizations authorized to initiate class actions on behalf of injured parties. This approach would alleviate the burden on individual plaintiffs and promote fairer access to justice. To address delays in the certification process, the study also proposes developing a comprehensive case management manual and fostering a shared understanding among all stakeholders including class members, litigants, and the judiciary. These recommendations, drawing on principles from the United States and Germany and tailored to the Thai legal context, aim to enhance legal enforcement mechanisms and ensure class actions serve as an effective tool for protecting the rights of injured individuals.