Control Yuan seeks Constitutional Court ruling on oversight laws

Taipei, July 1 (CNA) The Control Yuan on Monday petitioned the Constitutional Court for a ruling on the constitutionality of government oversight amendments passed by the Legislature in May, arguing that they allowed the legislative body to usurp its power.

The petition was filed by Yang Chang-hsien (楊昌憲), head of the Control Yuan's Department of Supervisory Investigation, and attorney Lee Yuan-te (李元德) on behalf of the government watchdog body at the Judicial Yuan in Taipei on Monday afternoon.

They also filed an application for an injunction to halt enforcement of the revisions to the Law Governing the Legislative Yuan's Power and the Criminal Code that were signed into law by President Lai Ching-te (賴清德) a week ago.

The Control Yuan is the latest party controlled by the Democratic Progressive Party (DPP) to challenge the amendments in the constitutional court, following the Cabinet, Lai, and the DPP's legislative caucus.

As of now, the Constitutional Court has agreed to review the DPP caucus' petition on the constitutionality of the amendments and its application for an injunction.

It is not yet clear whether the Constitutional Court will make the same decision on the other petitions and applications, and, if so, whether it will consolidate them into one case.

A spokesperson for the Judicial Yuan, which oversees the court, told CNA that the court should consolidate multiple petitions on the same legal disputes, but whether the disputes are of the same nature still needed to be determined by the justices.

The Control Yuan argued that the amendments, which took effect on June 26, undermined its investigative powers accorded in Articles 95 and 96 of the Constitution.

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

In the case of individuals or groups from the private sector, they will face penalties if they are deemed uncooperative.

Those measures, according to Control Yuan Secretary General Lee Chun-yi (李俊俋), failed to make a clear distinction between the investigatory powers of the Control Yuan and those of the Legislative Yuan.

At a press conference on June 25, Lee also cited the Constitutional Court's opinion on the scope of legislative authority (Interpretation No. 585) in 2004 as saying the Legislature's investigative powers "(should) not grow unchecked" under "the principles of separation of powers and checks and balances."

Lawmakers with Kuomintang (KMT) and Taiwan People's Party (TPP), who pushed the amendments through on May 28, argue that the revisions were necessary to check the power of the government.

That was especially true, they said, given the allegations of corruption and wrongdoing relating to several major DPP government policies and investment projects that the government has never had to answer for.

The Control Yuan is a branch of government dedicated to investigating improper or illegal behavior by government agencies, government officials, and civil servants, and though it has the power of impeachment it generally lacks teeth.

Critics have also said it is run by political appointees who are less inclined to take on the officials who made them Control Yuan members.

Lee, a DPP legislator from 2012 to 2020, previously said he supported the abolition of the Control 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 argued.