Statement | "Regrettable! The Constitutional Court continues to spin its wheels, sacrificing the rights and interests of the people!" A Statement by the Judicial Reform Foundation

Today (the 25th), the Legislative Yuan held a vote on the exercise of the consent power for grand justices. All 7 nominees—Chai Chiu-Ming (also nominated as President of the Judicial Yuan), Su Su-O (also nominated as Vice President), Chan Chen-Jung, Lin Li-Ying, Hsiao Wen-Sheng, Chen Tzu-Yang, and Cheng Chun-Hui—failed to obtain a majority vote of approval from all legislators. In response, our Foundation issues the following statement:

1. The Constitutional Court remains paralyzed and unable to protect the rights and interests of the people.
2. The people need a President of the Judicial Yuan capable of leading judicial reform and a Constitutional Court that operates efficiently.

1. The Constitutional Court remains paralyzed and unable to protect the rights and interests of the people

On January 25 of this year (2025), the amended provisions of the Constitutional Court Procedure Act officially took effect, requiring at least 10 grand justices to conduct substantive deliberation in the Constitutional Court. However, since October 31 of last year (2024), 7 grand justices have completed their terms. To this day, their successors have yet to be approved and appointed by the Legislative Yuan, leaving the Constitutional Court unable to render substantive judgments in accordance with the amended Constitutional Court Procedure Act—effectively paralyzed for 179 days.

The persistent inability of the Constitutional Court to conduct substantive judgments has diminished the people's right to petition for constitutional interpretation regarding laws suspected of unconstitutionality. Taking case 112-Nien-Hsien-Min-Tzu No. 384 as an example, the petitioner, who was a victim of a sexual offense as a minor, was unable to pursue prosecution due to the expiration of the statute of limitations. The petitioner thus filed for a constitutional interpretation on whether "the statute of limitations for prosecuting sexual offenses against minor victims is excessively short?" Unexpectedly, after accepting the case last year, the Constitutional Court has been stalled ever since, and it is unknown how much longer they will have to wait before the case is scheduled for review?

2. The people need a President of the Judicial Yuan capable of leading judicial reform and a Constitutional Court that operates efficiently

The grim reality that not a single grand justice nominee passed this time has become an established fact. Looking ahead, however, for judicial reform organizations, we need a President of the Judicial Yuan who can lead judicial reform and a Constitutional Court that can operate efficiently. We must still earnestly appeal that the next round of presidential nominations, as well as the Legislative Yuan's review and voting, must be considered from the perspective of the people.

Our Foundation calls upon the authorities: although the early and smooth operation of the Constitutional Court is deeply anticipated by the public, it does not mean that simply rushing to fill the vacant grand justice positions so the Court can function is enough. More importantly, the President's third round of nominations must echo the public's expectations for judicial reform. Legislators from both ruling and opposition parties should also use "suitability of the candidates" as the sole standard when exercising their consent power in the future, in order to gain the maximum support from society.

Finally, public expectations for judicial reform transcend political parties. When the judicial power fails to function normally, all citizens are victims. We sincerely look forward to the realization of judicial reform, and hereby appeal that political party struggles must not be allowed to obstruct the protection of the people's right to litigation and the advancement of judicial reform.

Press Contact

Attorney Ming-Ju Lee, Deputy Executive Director, Judicial Reform Foundation
Phone: 02-2523-1178#17
Email: mj@jrf.org.tw