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DPP files for constitutional review of budget, fiscal allocation law

05/15/2025 06:53 PM
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Democratic Progressive Party (DPP) caucus whip Ker Chien-ming (third from left) leads a delegation of lawmakers and lawyers to the Judicial Yuan on Thursday to submit a petition seeking a constitutional interpretation of the 2025 Central Government General Budget Proposal and revisions to the Act Governing the Allocation of Government Revenues and Expenditures. CNA photo May 15, 2025
Democratic Progressive Party (DPP) caucus whip Ker Chien-ming (third from left) leads a delegation of lawmakers and lawyers to the Judicial Yuan on Thursday to submit a petition seeking a constitutional interpretation of the 2025 Central Government General Budget Proposal and revisions to the Act Governing the Allocation of Government Revenues and Expenditures. CNA photo May 15, 2025

Taipei, May 15 (CNA) The Democratic Progressive Party (DPP) caucus on Thursday filed a petition for a constitutional interpretation of the 2025 Central Government General Budget Proposal and revisions to the Act Governing the Allocation of Government Revenues and Expenditures.

DPP legislative caucus whip Ker Chien-ming (柯建銘) said at a morning press conference held at the Legislative Yuan that the Constitutional Court has sufficient reason to rule the legislation unconstitutional.

Ker said the general budget proposal violates the principle of legal clarity, separation of powers under the Constitution, and Article 49 of the Budget Act, which stipulates the "main focus" of budget deliberations.

The DPP caucus whip also cited Constitutional Interpretation No. 520 -- which in 2001 considered whether the Executive Yuan could "unilaterally withhold the statutory budget for the fourth nuclear plant" -- as affirming that budgets must meet certain standards of clarity.

He also said Legislative Speaker Han Kuo-yu (韓國瑜) undermined the Legislative Yuan's authority by instructing the Executive Yuan to make budget adjustments after its final passage.

Regarding the Act Governing the Allocation of Government Revenues and Expenditures, Ker said the revisions severely reduced central fiscal resources, altered the structural relationship between central and local governments, and violated constitutional guarantees including Article 147, which stipulates that "poor or unproductive" areas should be "given appropriate aid."

DPP lawmakers Wu Szu-yao (吳思瑤), Chen Pei-yu (陳培瑜), Chung Chia-pin (鍾佳濱), and Puma Shen (沈伯洋) and lawyers Chen Peng-kuang (陳鵬光), Chen Yi-ming (陳一銘), and Fang Wei-chen (方瑋晨) also attended the press conference, after which their delegation submitted the petition to the Constitutional Court.

The Legislative Yuan passed revisions to the Act Governing the Allocation of Government Revenues and Expenditures on Dec. 20, proposed by the Kuomintang (KMT) and the Taiwan People's Party (TPP), which reduce the central government's annual discretionary funds by at least NT$375.3 billion.

The Legislative Yuan, in which a majority of seats are held by KMT and TPP lawmakers, also passed the 2025 Central Government General Budget Proposal on Jan. 21, which the Executive Yuan estimates will reduce central government funding by around NT$207.5 billion.

The Executive Yuan submitted a reconsideration proposal for both items on Feb. 27, which was rejected by the opposition-controlled Legislative Yuan on March 12.

At a separate press conference also held on Thursday, KMT lawmakers Wang Hung-wei (王鴻薇) and Wang Yu-min (王育敏) suggested that the DPP was misusing constitutional interpretations to overturn legislation it doesn't like.

Wang also said the DPP treats the grand justices of the Constitutional Court as "political tools" and referenced former Republic of China (Taiwan) President Chen Shui-bian (陳水扁), who she said had warned against interference in judicial processes.

With existing petitions already filed over the congressional reform bill, the Constitutional Court Procedure Act, and the Public Officials Election and Recall Act, the situation is "unprecedented," she added.

(By James Thompson, Lin Ching-yin and Wang Cheng-chung)

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