December 16, 2025
Dr. Rujira Bunnag
Naewna Online
Column of Rules, Regulation and Business
Publicized on Friday, September 12, 2025
On August 29, 2025, the Constitutional Court rendered a ruling by a vote of 6 to 3 that the ministerial status of Ms. Paetongtarn Shinawatra, or “Ung Ing,” had ended individually under the Constitution, in the case concerning the audio clip of her conversation with Hun Sen. The Court held that her actions constituted a serious violation of ethical standards“failing to protect the dignity of the nation and taking personal benefit within the country”causing her to lose qualifications and fall under the prohibitions set out in the Constitution.
Since Ms. Paetongtarn Shinawatra held the position of Prime Minister, her removal from office as minister and prime minister automatically caused the entire Cabinet to vacate office as well.
After that, a widely discussed deal or political agreement emerged between the Bhumjaithai Party and the People’s Party, commonly referred to as a political MOU or MOA, consisting of five key points:
1. A government formed by the Bhumjaithai Party must dissolve the Parliament within 4 months.
2. A constitutional referendum must be held if the Constitutional Court rules that a referendum is required before amending the Constitution.
3. A constitutional amendment bill must be urgently pushed forward if the Court rules that a referendum is not required.
4. The Bhumjaithai Party must not form a majority government.
5. The People’s Party will be in the opposition.
The important question is whether this political agreement, known as an MOU or MOA, can actually be legally enforced.
MOU and MOA are terms used in business negotiations or agreements.
MOU stands for Memorandum of Understanding.
MOA stands for Memorandum of Agreement.
When talking about an MOU or Memorandum of Understanding, people generally feel that it is informal merely a record of understanding without binding effect. But whether it is binding does not depend on the name of the document; it depends on the content. If the document specifies the rights, duties, and responsibilities of the signing parties, it is considered as a form of contract (regardless of what it is called). The signatories are responsible and must comply with what was agreed.
As for an MOA or Memorandum of Agreement, people tend to feel that it is more formal and more binding than an MOU, but still not at the level of an official contract. Actually, the importance does not lie in the title but in the terms agreed. If it contains all elements of a contract rights, duties, responsibilities
it is considered a legally binding contract.
If an MOU or MOA is made between private parties, there is no issue whether it can be enforced simply depends on the criteria mentioned above. Nevertheless, when it is made between two political parties, doubts arise: if one party does not comply, how can it be enforced?
The answer is: it cannot be brought before the Constitutional Court.
Under Section 7 of the Organic Act on Procedures of the Constitutional Court B.E. 2561 (2018), the Court has the duty and authority to adjudicate cases involving:
– the constitutionality of laws or bills;
– powers and duties of the House of Representatives, Senate, Parliament, Cabinet, or independent bodies;
– requests to terminate actions that seek to overthrow the democratic regime with the King as Head of State;
– cases where individuals or communities sue state agencies for rights guaranteed by the Constitution;
– termination of membership of MPs or Senators;
– submission of bills with the same or similar principles to bills that must be withheld;
– cases involving the submission, amendment, or any action that results in MPs, Senators, or committee members directly or indirectly participating in the use of budgetary expenditures;
– constitutionality of parliamentary rules of procedure, House of Representatives, House of Senate, National Assembly;
– termination of ministerial status;
– treaties requiring parliamentary approval;
– cases where a person whose constitutional rights or freedoms have been violated requests a ruling;
– constitutionality of draft constitutional amendments;
– and any other cases assigned by the Constitution or organic laws which is in the jurisdiction of Constitutional Court.
When a political MOU or MOA does not fall under any of these categories, it cannot be submitted to the Constitutional Court. It may still be possible to file a case with the ordinary courts.
Nonetheless, the ordinary courts cannot enforce compliance with political agreements, because they relate to political matters.
What the courts can do is to consider the damages a arising from a breach of the agreement.The another problem: proving monetary damages would be extremely difficult or nearly impossible.
Consequently, enforcement must rely on social and political mechanisms, not legal ones.
A political party that violates such a political agreement will become viewed as untrustworthy and other parties will be unwilling to associate with them.
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