Taiwan legislator's proposal to limit acting official terms sparks governance concerns

A legislative proposal in Taiwan to cap the acting terms of heads of independent government bodies at six months, with no possibility of re-appointment, has raised concerns about potential paralysis in governance.

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If the appointed Control Yuan members have all served their six-month terms as acting president, and their terms have not yet expired, it will lead to a situation where no one can act as president.

Kuomintang legislator Weng Hsiao-ling initiated a series of proposed amendments targeting seven key institutions, including the Control Yuan, the Judicial Yuan, and the National Communications Commission. Her proposal aims to ensure timely formal appointments by limiting acting officials to a six-month term, preventing them from serving again in an acting capacity.

However, Huang Shih-cho, Secretary-General of the Control Yuan, cautioned that this could create a governance vacuum. He explained that if all appointed members of the Control Yuan have served their six-month acting terms and their official tenure has not yet ended, there would be no one eligible to act as president. This situation, he warned, could disrupt the normal operations and constitutional functions of the Yuan.

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It is difficult to add restrictions on the acting period at the organizational law level, forcing constitutional bodies to complete formal nomination and approval procedures within a certain period.

Huang also noted that the appointment of Control Yuan members requires presidential nomination and legislative approval, making it difficult to impose term limits through organizational law. He stressed that frequent changes in acting leadership could impact the stability and continuity of the Yuan's work.

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Frequent changes in acting leadership could impact the stability and continuity of the Yuan's work.

In response to similar proposals concerning the prosecutor general, Minister of Justice Cheng Ming-chien stated that the ministry has a practice of requesting the president to appoint an acting prosecutor general when the position becomes vacant. He cited past instances where this system effectively ensured the continuity of core functions, such as extraordinary appeals. Cheng suggested that any future amendments should maintain flexibility in the qualifications and duration of acting appointments to balance practical needs and institutional stability.

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We suggest that if amendments are necessary in the future, the Ministry of Justice respects the opinions of the responsible authorities and also recommends considering the needs of the agency's functions and practical operations, maintaining flexibility in the qualifications and duration of acting personnel to balance judicial practical needs and the overall stable operation of the agency.