Constitutionality of Control Yuan Personnel Hearings Questioned|在野黨質疑監委審查過程違憲 將提釋憲

Controversies continue as the new Control Yuan members will take office on Aug. 1. Opposition parties say the confirmation process was unconstitutional and they will ask for a constitutional interpretation.


The Control Yuan's new members will assume office on Aug. 1. Numerous political scientists have criticized the confirmation hearings for these Control Yuan members, saying there were major procedural defects that violated Article 29 of the Law Governing the Legislative Yuan's Power as the nominees were not deliberated at the committee level.

The actions were clearly, significantly, and plainly illegal. As this illegal behavior was so obvious, the personnel approvals are invalid. Everyone knows that this time procedures were not followed, it's really too obvious.

The Taiwan People's Party has raised doubts over the constitutionality of the confirmation hearings. It is asking for a constitutional interpretation, and submitted an application on July 28. The Kuomintang is also aiming for a constitutional interpretation, and said the abolishment of the Examination Yuan and Control Yuan should be handled through amending the constitution to improve the system.

If the appointments can be passed with a simple majority in favor, then is there any point for the Legislative Yuan's continued existence?

The proposal to abolish the Examination Yuan and Control Yuan has already been established. The version that has the support of 29 committee members can't be sent to the Procedure Committee until the legislative session opens on Sept. 1.

The legislature will form a committee to amend the constitution during the next session, and constitutional amendments are expected to be the next battlefield for the political parties. The Democratic Progressive Party is set to establish a constitutional amendment platform in August headed by Presidential Office Deputy Secretary-General Lee Chun-yi, who previously participated in a legislative committee to amend the constitution. It will invite scholars and experts to participate and organize public hearings and conferences.



監察院人事即將在8月1日就職，多位政治學者重批這一次立法院通過監委人事案有重大程序瑕疵、違反立法院職權行使法29條，監委人選沒有交付委員會全院審查。

政治大學法律學系教授 廖元豪表示：「程序是明顯重大，赤裸裸違法。第二個，這個違法，因為已經明顯重大，所以它的(人事同意權)效果是無效。你長眼睛或沒長眼睛的，知道這次沒有經過審查程序，所以這個太明顯了。」

民眾黨也砲轟監院人事通過程序有違憲疑慮，將連署聲請大法官釋憲，28號提出釋憲申請書，國民黨團也將加入釋憲，總召林為洲指出，廢考監仍應透過修憲，改善制度。

民眾黨團副總召 張其祿表示：「如果說，只要有多數，就能夠直接通過，那我們請問，那我們何必還要有立法院。」

國民黨團總召 林為洲表示：「廢考監的提案，已經通過連署了，29位委員連署有版本。9月1日正式會期開始，才能夠送程序委員會。」

立法院確定下會期成立修憲委員會，修憲將成為朝野攻防主戰場。民進黨團八月成立修憲平台，由曾經參與立法院「修憲委員會」的總統府副秘書長李俊俋主持，接下來會邀請專家學者，舉行公聽會及座談會。