The Executive Yuan on Thursday announced it will request reconsideration of amendments to a law governing the Legislative Yuan's exercise of powers, as well as amendments to add Chapter 5-1 and Article 141-1 to the Criminal Code of the Republic of China, which were passed by the first session of the 11th Legislature on May 28, 2024. The Executive Yuan deems both bills to contain provisions that would be difficult to execute, and therefore, in accordance with Subparagraph 2 of Paragraph 2 of Article 3 of the Additional Articles of the Constitution of the Republic of China, will request, following approval by the President, that the bills be submitted to the Legislative Yuan for reconsideration.
Premier Cho Jung-tai said that, after reviewing the bills, they were deemed difficult to execute due to concerns regarding violations of the Constitution, democratic process, due process of law, and human rights. These concerns include: that the Legislature's deliberation procedures violated democratic principles; that the requirement that the President regularly deliver reports on the state of the nation and respond to interpellation is unconstitutional; that the bills expand the Legislature's interpellation and investigatory powers, as well as its power to hold hearings, in such a way that would both violate the principle of separation of powers and infringe on people's basic rights; that the changes to government personnel consent rights could impede the ability of constitutional and statutory organs of state to exercise their powers; and that the introduction of a contempt of legislature charge violates the principles of legal certainty, proportionality and due process.
Premier Cho emphasized that as the nation's highest administrative body, the Executive Yuan has a duty to administer government in accordance with the law, and is also responsible for defending the constitutional order and protecting people's basic rights. The premier therefore requests that legislators reconsider the contents of the bills and reach a general consensus that is consistent with both the Constitution and the national interest.