Constitutional Court sets July 9 ruling on THB400bn borrowing decree
Thailand’s Constitutional Court will rule on July 9 whether the THB400bn energy-transition borrowing decree complies with the Constitution
- Thailand's Constitutional Court will rule on July 9, 2026, on the legality of a government emergency decree to borrow THB400 billion.
- The case was initiated after 133 Members of Parliament submitted a petition arguing the decree does not comply with the constitutional requirements for an emergency measure.
- The borrowed funds are intended to address the impacts of the energy crisis and support Thailand's energy transition.
- The court's decision will determine whether the government's borrowing plan can legally proceed or if its constitutional basis is invalid.
Court fixes date for borrowing-decree ruling
Thailand’s Constitutional Court has scheduled July 9, 2026, to rule on the legality of the government’s THB400-billion borrowing emergency decree, a case that could determine whether the measure complies with constitutional requirements.
The court made the decision during a meeting on June 24, 2026, in case No. 11/2569, concerning the emergency decree authorising the Finance Ministry to borrow money to address impacts from the energy crisis and support Thailand’s energy transition.
The central legal issue is whether the decree complies with Section 172, paragraph one, of the Constitution, which governs the conditions under which an emergency decree may be issued.
133 MPs seek constitutional ruling
The case was brought after 133 members of the House of Representatives, representing not less than one-fifth of the existing House membership, signed a petition challenging the decree.
The MPs submitted their opinion to the House speaker, arguing that the emergency decree authorising the Finance Ministry to borrow money for energy-crisis response and energy-transition measures did not comply with Section 172, paragraph one, of the Constitution.
The House speaker, acting as the petitioner, then forwarded the matter to the Constitutional Court for a ruling under Section 173, paragraph one, of the Constitution.
Court says evidence is sufficient
The Constitutional Court has reviewed the case and found that it involves a legal question and that the evidence already before the court is sufficient for a decision.
As a result, the court decided to end the inquiry under Section 58, paragraph one, of the Organic Act on Constitutional Court Procedures B.E. 2561.
The court then set Thursday, July 9, 2026, at 9am, for oral statements, consultation and voting on the ruling.
Decision must be made within 60 days
The case falls under Section 173, paragraph two, of the Constitution, which requires the Constitutional Court to issue a ruling within 60 days from the date it receives the matter.
The July 9 hearing will therefore be a decisive step in determining whether the THB400-billion borrowing decree can stand under the Constitution.
A ruling against the decree could affect the legal basis for the government’s planned borrowing, while a ruling in its favour would allow the measure to proceed within the constitutional framework.
