Yesterday (12/24), the Legislative Yuan exercised its confirmation power over the nominees for Grand Justices, and all seven nominees failed to pass the review. In response, our foundation makes the following statements:

1. Urging the President to Quickly Renominate Candidates Who Support Judicial Reform. The judiciary requires strong leadership to drive reforms.
2. Condemning Political Interference in the Confirmation Process!For the next round of nominations, we call on all political parties in the Legislative Yuan to comprehensively review the confirmation process and allow legislators to vote freely based on constitutional and human rights principles.

Urging the President to Quickly Renominate Judicial Leaders Who Support Reform

At present, the positions of President and Vice President of the Judicial Yuan remain vacant, with Justice Ming-Yan Shieh temporarily acting as President. Additionally, the Legislative Yuan has amended the Constitutional Litigation Act, After the President announces it, the Constitutional Court risks being paralyzed.

The absence of permanent leadership in the judiciary has stalled judicial policymaking and reforms, ultimately harming the rights and interests of the people.

The President of the Judicial Yuan serves as the Chief Justice of the Constitutional Court, overseeing judicial administration and supervising subordinate judicial institutions. The Vice President assists in these duties and acts as President when necessary. To uphold judicial independence and the public’s right to a fair trial, the President must bear the responsibility of advancing judicial reform and promoting crucial judicial policies. Among the most pressing issues in need of reform are:

1. Reducing judicial workload
2. Combating fraud and improving technological investigations
3. Enhancing judicial appointment and confirmation processes
4. Reforming the National Judge System

(For more details, refer to our November 8, 2024, press release.)

With the rejection of the nominated Judicial Yuan President, the acting President can temporarily fulfill administrative duties but lacks the authority and legitimacy to drive substantial judicial reforms. 

Therefore, we urge the President to promptly renominate candidates for the Grand Justices and nominate a Judicial Yuan President who is committed to reform. This will ensure the judiciary has the leadership necessary to continue its reform efforts.

Condemning Political Interference in the Confirmation Process!Calling for a Free and Independent Legislative Vote Based on Professional and Ethical Standards

During the recent confirmation vote, political parties in the Legislative Yuan engaged in bloc voting:

• The Kuomintang (KMT) unanimously rejected all seven nominees.
• The Democratic Progressive Party (DPP) approved all nominees except Liu Ching-Yi, whom they unanimously opposed, even threatening expulsion for any member who voted otherwise.
• The Taiwan People’s Party (TPP) approved only Liu Ching-Yi and rejected the other nominees.

The justifications provided by each party for their voting stances were vague and unconvincing, reinforcing public criticism that votes were cast solely based on party allegiance rather than candidate qualifications. This is deeply regrettable.

The confirmation process has shown no progress in terms of procedural depth compared to previous years. Instead, political infighting has intensified. The crisscrossing party positions resulted in the unprecedented rejection of all seven nominees, demonstrating that political agendas have been prioritized over public interest.

Before the Legislative Yuan exercised its confirmation power, we repeatedly urged parties to allow independent voting. Each legislator, as a representative of the people, should have their own independent judgment on a nominee's suitability. However, all parties enforced bloc voting, sacrificing legislators’ independent decision-making and betraying the trust of their constituents.

To rectify this failure, we strongly call for the next round of judicial nominations and confirmation processes to incorporate recommendations from the Civil Oversight Coalition for Judicial Appointments. The confirmation process must be thoroughly reviewed to address longstanding procedural deficiencies. Furthermore, all parties must allow legislators to vote freely, evaluating nominees based on their integrity, constitutional values, human rights commitment, and legal expertise—ensuring that constitutional rights are no longer held hostage by political maneuvering.

Media Contact

Elvin Lu, Attorney
Director, Law & Policy Department, Judicial Reform Foundation
Phone: +886-2-2523-1178 #37
Email: [email protected]