President William Lai (賴清德) yesterday petitioned the Constitutional Court for a ruling on government oversight amendments passed by the legislature, which would require him to address the Legislative Yuan and field questions from the floor.
Presidential Office spokeswoman Karen Kuo (郭雅慧) in a statement said that attorney Hong Wei-sheng (洪偉勝) filed the petition on behalf of Lai, at the Judicial Yuan in Taipei.
Hong also submitted an injunction application to pause enforcement of the amendments which took effect on Wednesday, Kuo said.
Photo: CNA
The president has clearly expressed his opposition to “the expansion of legislative power,” Kuo said, adding that the legal action sought to “safeguard the constitutional order and protect the rights of the public.”
While legislative reform is necessary, such reform must comply with the law and the Constitution, Kuo cited Lai as saying.
The amendments, pushed through the legislature by opposition lawmakers on May 28, require that the president give an annual state of the nation address at the Legislative Yuan and answer questions from legislators.
Lai said that the new measures are not in line with the Constitution, under which the president is not accountable to the Legislative Yuan.
The president can volunteer to give an address, but the Constitution says there is no obligation to do so, he added.
The measures confuse the responsibility of the president with that of the Executive Yuan, he told a press conference on Monday, adding that the Constitution says that the premier is required to deliver policy reports to the legislature and take questions from lawmakers, along with Cabinet members.
Lai also said he was concerned about revisions granting the legislature new investigative powers and the power to hold hearings, adding that they risk usurping the powers of the Control Yuan, and infringing on people’s rights to privacy and trade secrets.
The amendments include potential penalties and jail time for public officials if they refuse to attend or provide information, or if they present false information.
People from the private sector could face penalties if they are deemed to be uncooperative.
The Democratic Progressive Party (DPP) caucus and the Executive Yuan have also petitioned the Constitutional Court in their latest efforts to overturn the revisions to the Act Governing the Legislative Yuan’s Power (立法院職權行使法) and the Criminal Code.
The Constitutional Court has accepted the DPP caucus’ petition and injunction applications submitted on Wednesday.
The Control Yuan, the country’s top government watchdog, is expected to follow suit.
The Judicial Yuan said that there is no fixed timetable for the Constitutional Court to decide whether to grant an injunction or whether a petition would be heard upon receiving applications from petitioners.
An injunction related to a case ceases 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 (憲法訴訟法).
The Constitutional Court can consolidate multiple petitions concerning the same legal disputes, while justices determine whether the disputes are of the same nature.
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