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Executive Yuan to request reconsideration of controversial legislative power bills

Executive Yuan to request reconsideration of controversial legislative power bills

2024-06-06

A set of controversial bills to expand legislative powers has been delivered at the Executive Yuan. Premier Cho Jung-tai says the Cabinet may seek a reconsideration of the bills by the Legislative Yuan to potentially get them withdrawn. If the lawmakers uphold the bills again, the DPP says it will request a ruling on whether they are constitutional. The bills had triggered sharp backlash from the public when they were passed last month, putting significant pressure on KMT and TPP lawmakers.

Last month on May 28, the Legislative Yuan passed several bills to expand its powers. On Wednesday, the bills were delivered at the Executive Yuan. Premier Cho Jung-tai has asked Minister Without Portfolio Lin Ming-hsin to evaluate whether to seek remedies in accordance with the Constitution. The matter was added to the Executive Yuan’s agenda for Thursday, to decide whether to send the revisions back to the Legislature for reconsideration.

Chen Shih-kai
Executive Yuan spokesperson
As the country’s highest administrative body, we must act in accordance with laws and we have the responsibility of defending constitutional order and safeguarding the basic rights of the people.The purpose of the reconsideration is not to further escalate tensions between ruling and opposition parties. We hope that by invoking this constitutional process, the Legislative Yuan will reconsider the contents of the bill to achieve a consensus that’s in line with the Constitution and in the best interests of our nation.

According to the Constitution, if the Executive Yuan deems a resolution passed by the Legislative Yuan difficult of execution, it may request the Legislative Yuan to reconsider the resolution, within 10 days after its transmission to the Executive Yuan. That means the request must be made by June 14.

Hsu Chiao-hsin
KMT lawmaker
If the Executive Yuan requests reconsideration, it would be quite unacceptable, in my opinion. Our demands are very simple. That is, officials summoned for interpellation should not tell lies. They should tell the truth as it is. Isn’t that what the people want?

Ker Chien-ming
DPP lawmaker
If the reconsideration isn’t successful, we will call for a constitutional interpretation. We will absolutely do so. We must demonstrate our commitment to upholding a constitutional government.

If the request for consideration goes ahead, the Legislative Yuan will have 15 days to reach a final resolution on the bill, which must be agreed on by at least half of all lawmakers. If upheld, it must then be accepted by the Executive Yuan and sent to the president to be announced and enter effect. The DPP legislative caucus says if that happens, it will request a constitutional interpretation.

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收到"國會擴權"法案函文! 行政院將正式提出覆議案 最晚期限6/14

2024-06-06

立法院5月28日三讀修正通過國會擴權法案,行政院證實昨天(5日)已收到立院函文,院長卓榮泰指示研議是否提出救濟。今天(6日)行政院會臨時新增討論事項,認為立法院職權行使法部分條文等兩案有窒礙難行的地方,將正式提出覆議。由於國會擴權法引發公民反彈,藍營選區立委承受不小壓力,就看有沒有機會成功。

上個月28日,立院職權行使法三讀過關。行政院5日收到國會職權修法的立院函文,行政院長卓榮泰請政委林明昕研議是否依照憲法程序提出救濟。6日行政院會排入議程,將依照憲法程序研議是否提出覆議。

[[行政院發言人 陳世凱]]
“作為國家最高行政機關,必須依法行政,也有責任捍衛憲政秩序,守護人民的基本權利。本次提出覆議的目的,絕不是要升高朝野對立與衝突,而是希望透過憲政運作的過程,請立法院藉由再次審議法案的內容,找出符合憲法,以及國家利益的最大共識。”

根據憲法增修條文規定,假如行政院對立法院決議的議案有疑慮,送達行政院10天內,可以移請立院覆議。根據時程推算,行政院最晚必須要在6/14之前提出。

[[立委(國) 徐巧芯]]
“行政院這次提出覆議,其實我覺得我滿不能接受的,我們要求很單純,就是我們所有備詢官員都不應該說謊,都應該據實陳述,這不是本來就是民眾所期待的嗎?”

[[民進黨立院黨團總召 柯建銘]]
“覆議不成功的時候再提釋憲,本黨也會提釋憲,我們一定這樣做。憲政態度的維護必須展現出來。”

針對行政院的覆議案,立法院必須在15天內作成決議,覆議時必須經過二分之一以上同意,最後由總統公布,法案生效。民進黨立法院黨團是否提出釋憲,就先看覆議是否能逆轉。

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