Ex-大法官: Freezing Premier's Salary Unconstitutional, Legislative Yuan Oversteps

Former大法官 Huang Hung-hsia has declared that the Legislative Yuan's decision to freeze the salaries of Premier Cho Jung-tai and other government officials unconstitutional. The Legislative Yuan recently passed the central government's budget for 2025, with the majority bloc aggressively freezing the premier's salary from September to December and eliminating the entire NT$2.62 million budget for political appointees at the Ill-gotten Party Assets Committee.

Huang stated in an interview that while the legislature possesses budgetary review powers, it cannot use this authority to punish specific public servants. Doing so, she argued, exceeds the scope of budgetary power, infringes upon administrative rights, and violates the principle of separation of powers. She emphasized that the Legislative Yuan must not surpass the constitution, effectively becoming a "Supreme Constitution."

She further explained that legal protections for salaries are linked to people's right to survival, noting that ordinary workers are not expected to work without pay. Even if the state needs to adjust public servant compensation due to special circumstances, it should be based on legal grounds and proper procedures, not by zeroing out salaries through the budget process.

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The Legislative Yuan cannot surpass the constitution, effectively becoming a 'Supreme Constitution.'

Huang questioned the legality of the budget law, asking if it permits freezing the premier's salary or completely cutting the pay of specific individuals. She acknowledged that the legislature can reasonably reduce wasteful or unnecessary expenditures. However, she asserted that directly freezing a specific person's salary through budget control goes beyond mere oversight of government spending.

Huang also addressed the issue of the vice premier's endorsement, stating it involves the premier exercising his constitutional duties. While political disagreements are subject to democratic review, she argued that the legislature cannot use its budget power to freeze salaries simply because it is dissatisfied with the premier's exercise of power. She concluded that if the Legislative Yuan demands obedience from the executive and other constitutional bodies based on its control of the budget, it would transcend the constitution and violate the principle of separation of powers. Huang indicated that if she were a大法官 reviewing such a case, she would vote for it to be deemed unconstitutional.

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Is there anything in the Budget Act that says you can freeze the premier's salary and not give it to him? Does it say you can cut the salaries of specific personnel entirely? No!