Cabinet formally seeks court injunction, ruling on oversight laws

Taipei, June 27 (CNA) The Executive Yuan on Thursday petitioned the Constitutional Court for a ruling on the government oversight amendments and applied for an injunction in an attempt to pause enforcement of the measures.

On behalf of the Executive Yuan, attorney Lino Lee (李荃和) and Shen Shu-fei (沈淑妃), head of the Cabinet's Legal Affairs Committee, submitted the petition and injunction applications at the Judicial Yuan in Taipei at around 2:30 p.m.

At a Cabinet press briefing earlier the same day, the executive body's spokesman Chen Shi-kai (陳世凱) cited Premier Cho Jung-tai (卓榮泰) as saying the legal action sought to "safeguard the constitutional order" and "protect the fundamental rights of the people."

The deliberation leading up to the passage of the amendments, which became law on Wednesday, contained "significant flaws," with the revisions violating the principles of clarity and proportionality, and infringing upon people's rights, Chen added.

The premier emphasized that bringing the case to court was not meant to thwart legislative reforms but instead to ensure reforms as such would be legitimate and constitutional, according to Chen.

The move came nearly a week after more than half of all sitting lawmakers voted to uphold the amendments to the Law Governing the Legislative Yuan's Power and the Criminal Code, which had been sent back to the Legislature by the Cabinet for reconsideration.

The legitimacy of the Cabinet's latest effort to reject the amendments thus came into question, given that the premier should, according to the Additional Articles of the Constitution of the Republic of China, "immediately accept" the result of the votes.

But Chen defended the Cabinet's decision, arguing that requesting reconsideration of the amendments and seeking a Constitutional Court ruling on those revisions were "two different constitutional procedures" that were "neither subordinate to each other nor necessarily related."

He added that the premier "countersigned" the amendments on June 24, the same day President Lai Ching-te (賴清德) signed them into law, according to Article 37 of the Constitution of the Republic of China, Taiwan's official name.

"What should be accepted was accepted; what needed to be countersigned was countersigned," the spokesman said.

In addition to the Executive Yuan, the ruling Democratic Progressive Party (DPP) legislative caucus has also petitioned the Constitutional Court for a ruling on government oversight amendments pushed through by opposition Kuomintang and Taiwan People's Party lawmakers on May 28.

The opposition parties, which together form a majority in the 113-member Legislature, maintain that they have followed due process and that the amendments are necessary, particularly in light of allegations of corruption and wrongdoing relating to several major DPP government policies and investment projects.

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.

Lai and the Control Yuan, the country's top government watchdog, have also announced plans to challenge the amendments in court but have yet to take the pledged actions.