Experts weigh in on fate of Control, Examination yuans - Taipei Times

Experts at a meeting of the legislature's Constitutional Amendment Committee yesterday advocated abolishing the Control Yuan and Examination Yuan to transition to a bicameral system, while others warned of unconstitutional overreach.

National Chengchi University College of Law professor Lin Chai-ho (林佳和) told the Legislative Yuan committee that while oversight powers are necessary, the Control Yuan itself was not.

However, a constitutional amendment would be required to abolish the Control Yuan, he said.

Photo: Tu Chien-jung, Taipei Times

With the abolishment of the National Assembly in the process of Taiwan's democratization, the Control Yuan is in direct competition with the Legislative Yuan's investigation powers, Lin said.

The Control Yuan could be merged into the legislature, but that would require a system of procedural guarantees and the establishment of new committees, while ensuring the power of impeachment is exercised with caution, he said.

Lin suggested establishing a "parliamentary ombudsman" and separating the National Human Rights Council from the Control Yuan under the Paris Principles.

National Sun Yat-sen University political economy professor Jang Chyi-lu (張其祿), a former Taiwan People's Party legislator-at-large, suggested turning the Control Yuan into something like an upper house of the legislature tasked with audits, policy reviews, upholding human rights, holding legislative investigations, and issuing recalls and corrections.

The total number of legislative seats could be increased to 180, with 100 seats going to the lower house for regional legislators, and the upper house formed by 34 legislators-at-large, combined with 29 members of the oversight committee, plus 17 new seats, he said.

Attorney Hong Wei-sheng (洪偉勝) said that despite the Examination Yuan's purpose to prevent fraud, experience with entrance examinations shows that ensuring fairness does not necessarily require independent state power, adding that the civil-service system should consider recruiting private-sector talent.

Should the power of oversight be returned to the Legislative Yuan, the National Human Rights Commission should become independent, he said.

The number of seats and internal checks and balances of the legislature should be reviewed, as the current 113 seats are insufficient, he added.

Democracy Foundation CEO Kuei Hung-chen (桂宏誠) said the Examination Yuan's value lies in maintaining professionalism and neutrality.

The politicization of civil servants and the corruption of contract employees is already a problem, but the abolishment of the Examination Yuan could further politicize the Executive Yuan and civil servants, Kuei said.

Taiwan Public Policy Association president Chi Chun-chen (紀俊臣) said that according to Constitutional Interpretation No. 499, the separation of powers and checks and balances fall under the scope of constitutional drafting, not constitutional amendment.

Abolishing the Examination Yuan and the Control Yuan is inappropriate, he said, adding that the Examination Yuan should remain independent to maintain a fair promotion system.