DPP caucus formally requests injunction, ruling on oversight laws

Taipei, June 26 (CNA) The Democratic Progressive Party (DPP) legislative caucus on Wednesday petitioned the Constitutional Court for a ruling on government oversight amendments that took effect the same day.

The petition, the latest attempt to overturn what the DPP has deemed "unconstitutional" reforms passed by the opposition Kuomintang (KMT) and Taiwan People's Party (TPP), was submitted on behalf of the ruling party's 51 lawmakers by two attorneys at the Judicial Yuan Building in Taipei.

Speaking with reporters outside the courthouse, DPP caucus whip Ker Chien-ming (柯建銘) said the litigation was part of the ruling party's efforts to "defend the Constitution" and "safeguard the rule of law."

The two attorneys also submitted an injunction application, which, if successful, would pause enforcement of the amendments to the Law Governing the Legislative Yuan's Power and the Criminal Code.

At a press conference in the Legislature earlier the same day, the DPP's caucus outlined their reasons for taking legal action, arguing that the amendments contravened the separation of powers accorded to different branches of the government by the Constitution.

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 will face penalties if they do not cooperate.

Wu Szu-yao (吳思瑤), the DPP caucus secretary-general, said that the amendments lacked "clarity," contravened the principle of proportionality under the Constitution and infringed upon the right to litigation.

The caucus also contends that the amendments "should be invalid" given there were "major flaws" in the deliberation leading up to their passage.

KMT and TPP lawmakers, who pushed through the amendments on May 28 with a majority in the Legislature, maintain that they have followed due process.

The opposition also argues that the amendments are necessary, particularly in light of allegations of corruption and wrongdoing relating to several major DPP government policies and investment projects.

June 24: Lai to seek ruling on whether passed amendments are constitutional

June 24: KMT, TPP slam Lai over plan to seek constitutional ruling on reform bills

June 25: Control Yuan to seek Constitutional Court ruling on oversight amendments

According to the Judicial Yuan, there is no fixed timetable for the Constitutional Court to decide whether to grant an injunction or whether a petition will be heard upon receiving applications from petitioners.

An injunction related to a case will cease to have effect six months after its issuance, or once the Constitutional Court renders a ruling on the case, as per the Constitutional Court Procedure Act.

In addition to the DPP caucus, President Lai Ching-te (賴清德), the Executive Yuan and the Control Yuan have announced plans to challenge the amendments by taking the case to the Constitutional Court.

Asked by a reporter Wednesday when the Cabinet planned to formally file its petition, Minister without Portfolio Lin Ming-hsin (林明昕) said the matter would be discussed at the Cabinet's meeting on Thursday morning.

A spokesperson for the Judicial Yuan told CNA on Tuesday 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.