The Constitutional Court has accepted for consideration a petition filed by the parliamentary Opposition bloc challenging the constitutionality of an emergency decree authorising the Finance Ministry to borrow money to address the energy crisis and support the country’s energy transition.
In a statement issued today, the court said the petition was submitted by 133 MPs, more than one-fifth of the current members of the House.
The petitioners argue that the emergency decree does not comply with Section 172 of the Constitution.
After reviewing the petition and supporting documents, the court ruled that the case meets the constitutional criteria for consideration and it has therefore accepted the petition for consideration.
The Cabinet of Prime Minister Anutin Charnvirakul has been ordered to submit a written clarification on the issue within seven days from the date it receives the notice.
In its statement, the court reminded the public that, while people have the constitutional right to express opinions, criticism of court orders or rulings made in bad faith using vulgar, sarcastic or threatening language could be considered contempt of court.
On May 11, the opposition People’s and Democrat parties submitted a motion to the court, via the Speaker of the House, challenging the legality of half of the government’s planned 400-billion-baht borrowing package, intended to fund its transition from dependence on fossil fuels to alternative clean energy.
Natthaphong Ruengpanyawut, leader of the People’s party, said the Opposition had invoked Article 173 of the Constitution in seeking the court’s ruling on 200 billion baht of the borrowing.
The Opposition argues that the planned energy restructuring is unrelated to economic security and cannot be regarded as “urgently necessary.”
They also contend that the government improperly included the project in the same borrowing package intended to help people cope with the immediate impacts of the oil crisis.
