Government organization bill unconstitutional: Examination Yuan

Taipei-- An Examination Yuan member has described as unconstitutional initial passage of an amendment in the Legislature that would create more posts for political appointees because a consensus on the bill has not yet been reached between the Yuan and the Cabinet.

The Legislature on May 15 passed a first reading of the draft amendment to the Basic Code Governing Central Administrative Agencies Organizations.

The revision would allow second-level agencies (most Cabinet-level ministries, commissions and councils) to have one senior bureaucrat and three political appointees as deputy ministers, one more than currently permitted.

But there cannot be more than 52 political deputy ministers in all.

The revision will also allow for the first time political appointees to head up to 25 major departments or bureaus of Taiwan's 12 ministries that are considered to be in charge of "major national policies." In the past, those positions have all been filled by career bureaucrats.

Examination Yuan member Chao Li-yun (???) accused the Legislature of usurping the Examination Yuan's authority by passing the first reading of the draft bill before obtaining approval from the Yuan, and called the move unconstitutional.

Chao suggested that the Examination Yuan hold consultations with the Cabinet to work out solutions to the issue.

According to Examination Yuan member Hwang Giin-tarng (???), the bill is still under review by the Yuan, and since it is an important bill, it requires that the Cabinet and the Examination Yuan jointly sign off on it before the Legislature can consider it.

Meanwhile, Examination Yuan member Feng Cheng-min (???) said the draft bill could have a profound impact on the civil service system and hurt the morale of civil servants, and he also expressed concern that the Legislature would push through the review before both the Cabinet and Examination Yuan agreed to it.

Under the Republic of China Constitution, the government is operated on the principle of five equal branches (Yuans). If the Legislative Yuan pushes forward its own revisions of major bills, it will violate the constitutional principle, said Chou Wan-lai (???), a member of the Examination Yuan.

Source: Focus Taiwan News Channel