Premier Responds to Legislative Move to Freeze Salaries

Taiwan's Executive Yuan has responded to a legislative proposal that seeks to freeze the salaries of Premier Cho Jung-tai and other officials for four months. Legislator Wendy Hsia-ling initiated the move, which targets salaries from September to December.

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Government personnel salaries are a legal obligation, and the Legislative Yuan cannot use this kind of restriction to change the legally mandated benefits of other constitutional agencies.

Executive Yuan spokesperson Li Hui-chih asserted that government personnel salaries are a statutory expenditure. She emphasized that the Premier, as the head of the highest administrative body under the constitution, is entitled to legally mandated benefits. Li argued that the Legislative Yuan cannot use budget review processes to arbitrarily change these benefits, which could impede the normal functioning of constitutional offices.

Citing Judicial Yuan Interpretation No. 601, Li explained that the legislature's power over the budget does not extend to altering constitutionally established entitlements. She also referenced Article 52 of the Budget Act, which states that conditions or deadlines attached to a statutory budget are valid unless they are legally impermissible.

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The Legislative Yuan cannot use its power to review the budget to arbitrarily change the benefits that other constitutional agencies should have according to law, thereby affecting the normal exercise of their duties.

The Executive Yuan has not yet formally received the finalized budget from the Legislative Yuan. However, Li assured that upon receipt, the Executive Yuan will carefully review and address the matter in accordance with constitutional and legal principles, reiterating that the legislature cannot unilaterally restrict legally mandated compensation for constitutional officials.

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According to Article 52 of the Budget Act and Judicial Yuan Interpretation No. 601, basically, the Legislative Yuan cannot use this method to restrict changes to the legally mandated benefits of other constitutional agencies.