AEC gets clean bill of health

In a unanimous verdict, it ruled that the establishment of the AEC - under announcement No 30 of the Council for Democratic Reform (CDR) - and the extension of its term to June 2008 via an amendment to the announcement, did not violate the 2007 Constitution.

Constitution Court secretary-general Paiboon Warahapaitoon said nine judges ruled that announcement No 30 did not infringe on the 2007 Constitution, as the CDR had legitimacy to issue laws for peace and order.

The CDR - forerunner of the Council for National Security - established the AEC as a check mechanism through the authority of the National Counter Corruption Commission (NCCC) and the Anti-Money Laundering Commission. However, the AEC did not have the right to rule on cases.

All announcements or instructions issued by the CDR and its leaders from Sept 19, 2006 to the day the 2007 Constitution went into effect to have power over the legislative, executive or judicial branch were legitimate and constitutional, as guaranteed by Article 309 of the Constitution, the court ruled.

The CDR's announcements and orders were valid whether they were issued before or after the Constitution took effect, Paiboon said.

The court also ruled unanimously that the extension of the AEC term to June 2008 did not violate the charter and did not give more power to the AEC. The extension of the term was aimed at allowing the AEC to continue its work and was not the establishment of a new organisation. The extension of the AEC term was also guaranteed by Article 309 of the Constitution.

The court will today deliver the ruling to the Supreme Court's Division for Political Office Holders for acknowledgement.

The Constitution Court is expected today to consider whether Public Health Minister Chaiya Sasomsap should be disqualified from holding office after the NCCC found he had failed to declare all his assets within the given deadline.