สำนักงานราชบัณฑิตยสภา

ข้อพิ จารณาทางกฎหมายส� ำหรั บการเคลื่ อนย้ายอย่างเสรี ของบุคคลผู้ให้บริ การวิ ชาชี พในประชาคมเศรษฐกิ จอาเซี ยนมายั งประเทศไทย 16 The Journal of the Royal Institute of Thailand Vol. 38 No. 4 Oct-Dec 2013 Abstract Legal Reflections on the Free Flow of Professional Services into Thailand in the ASEAN Economic Community Jaturon Thirawat Associate Fellow of the Academy of Moral and Political Sciences, The Royal Institute, Thailand In the transition of ASEAN into the ASEAN Economic Community, (AEC) the free flow of services is a strategy that will lead ASEAN into a single manufacturing base. Therefore, there is the need to proceed under its pre-existent ASEAN Framework Agreement on Services (AFAS) by way of developing a clear-cut work plan regarding its process and timeframe. The core objective of this article is to canvas an overview of such project. Hence, emphasis shall be made on the free flow of services relating to skilled labor in the ASEAN Economic Community in keeping with the ASEAN road map essentially from the legal perspective in the context of Thailand, being the consumer of the services. The article begins with the evolution of the free flow of the trade in services under AFAS to the free flow of professional services under the framework of the AEC before embarking upon the analysis of the legal apparatus for its effective put in place, i.e. the ASEANMutual Recognition Arrangement Relating to the Professional Qualifications for the free flow of the professional services personnel and its impacts on the Thai law. With regard to its process, in practice, there are certain sizable restrictions in regard of the sphere of the stake-holders that covers only the suppliers of some branches of professional services and in respect of the procedure, it is still subject to the conditions in the commitments scheme and the facilitation for an acquisition of the rights to be endorsed by the local governmental agencies. Thus, the ingredient for its success is the political will of the member countries and their determination to bring about the readiness of each one of them in spite of the considerable disparity in the economic and social development levels between them. Keywords : the free flow of professional services, ASEAN Economic Community, ASEAN Mutual Recognition Arrangement Relating to the Professional Qualifications for the free flow of the professional services personnel