Control Yuan to seek Constitutional Court ruling on oversight amendments

Taipei, June 25 (CNA) Taiwan's top government watchdog said Tuesday it would seek a Constitutional Court ruling on recently passed amendments aimed at improving oversight of the executive branch, arguing they would allow the Legislature to usurp its powers.

Secretary General of the Control Yuan Lee Chun-yi (李俊俋) told a press conference in Taipei that the agency was planning to seek an injunction against the amendments and bring the case to the Constitutional Court.

The revisions to the Law Governing the Legislative Yuan's Power and the Criminal Code were put through by opposition Kuomintang and Taiwan People's Party lawmakers on May 28 and signed into law by President Lai Ching-te (賴清德) on Monday.

Those measures will officially take effect on Wednesday.

However, Lai, the Executive Yuan, and the ruling Democratic Progressive Party (DPP) legislative caucus have announced plans to challenge the constitutionality of the measures in court, following their failed attempt to have the amendments thrown out at the Legislature on June 21.

"The real battleground is at the Constitutional Court," Lee said, although he was unable to specify when the Control Yuan would formally take the pledged actions.

A spokesperson for the Judicial Yuan told CNA the same day that the Constitutional Court ought to consolidate multiple petitions concerning the same legal disputes, but whether the disputes are of the same nature would be determined by justices.

The spokesperson also noted that there was no fixed timetable for the Constitutional Court to decide whether a petition will be heard or not.

According to Lee, the law revisions "severely undermine the Control Yuan's investigative powers" accorded in Articles 95 and 96 of the Constitution, as they failed to make a clear distinction between the investigatory powers of the Control Yuan and those of the Legislative Yuan.

They thus contravene the separation of powers, Lee noted, referring to the different powers endowed to the five branches of the government, namely the Executive Yuan, the Legislative Yuan, the Judicial Yuan, the Examination Yuan and the Control Yuan.

The measures endorsed by the opposition parties, which together form a majority in the Legislature, have had "the effects of constitutional amendments," Lee argued.

The revisions give the Legislature new investigative powers and the powers to hold hearings, including potential penalties and jail time for public officials if they refuse to attend or provide information, or present false information.

In the case of individuals or groups from the private sector, they would face penalties if they do not cooperate.

Lee also cited the Constitutional Court's opinion on the scope of legislative authority (Interpretation No. 585) in 2004 as saying the Legislative Yuan's investigative powers should remain "subsidiary" and be exercised within its mandate.

The 2004 ruling also made it clear that "the Legislative Yuan's investigative power does not grow unchecked" under "the principles of separation of powers and checks and balances," he said.

Lee, a DPP legislator from 2012 to 2020, said he supported the abolition of the Control Yuan and Examination Yuan, which would require constitutional amendments and likely involve transferring the Control Yuan's investigative powers to the Legislature.

"But before we can make amendments to the Constitution, we must respect its current provisions... this is to defend democratic constitutionalism," he added.