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  • Interpretation
  • No.421【Under Translation】
  • Date
  • 1997/02/21
  • Issue
    • May regular remuneration be disbursed by the National Treasury to the Speaker and Vice Speaker of the National Assembly?
  • Holding
    •        Article 1, Paragraph 8, of the Amendments to the Constitution, which was promulgated on August 1, 1994, stipulates that, commencing from the third term, the National Assembly shall inaugurate both the Speaker and the Vice Speaker who will be elected by the Delegates to said Assembly from among their members. The Speaker of the National Assembly represents the National Assembly and internally the Speaker coordinates and manages the affairs of the National Assembly and presides over meetings of the National Assembly. Such post is of a regular nature and differs from that of the ordinary Delegates to the National Assembly; regular remuneration is disbursed by the National Treasury. The items and amount of the remuneration fall within the scope of the legislative authority so long as they are within reasonable limits. Therefore, the total budget of the Central Government which was passed by the Legislative Yuan in 1997, to the extent that it relates to the annual salaries, disbursements and special fees of the Speaker and the Vice Speaker, is not in conflict with the Constitution.     
      
    •        In view of the fact that the Speaker and Vice Speaker of the National Assembly hold governmental posts under the Constitution, which represent the National Assembly and that such posts are of a regular nature, they shall be compensated by the National Treasury with remuneration comparable to their position and job duties on a regular basis. Moreover, unless otherwise prescribed by the law, they shall not assume other full-time positions of public service or operate a business.
  • Reasoning
    •        Article 1, Paragraph 8, of the Amendments to the Constitution, which was promulgated on August 1, 1994, stipulates that, commencing from the third term, the National Assembly shall inaugurate both the Speaker and the Vice Speaker who will be elected by the Representatives of the National Assembly from among their members. The Speaker of the National Assembly represents the National Assembly and internally coordinates and manages the affairs of the National Assembly and presides over meetings of the National Assembly. Such post is of a regular nature and differs from that of the ordinary Delegates to the National Assembly; therefore, the Speaker should be entitled to regular remuneration disbursed by the National Treasury. The items and amount of the remuneration fall within the scope of the legislative authority so long as they are within reasonable limits.    The Interpretations Nos. 282 and 299 of this Yuan which relate to whether representatives of the National Assembly should be remunerated by the National Treasury on a regular basis and the Act Governing the Compensation and Fees for the National Assembly Delegates were all made before the relevant provision in the Amendments to the Constitution was amended, therefore they did not include disbursement of remuneration to the Speaker and the Vice Speaker. Consequently, when the Legislative Yuan was reviewing the Central Government’s annual budget for the year 1997 and passed the resolution on the annual salaries, disbursements and special fees payable to the Speaker and Vice Speaker of the National Assembly, such resolution was not in conflict with the Constitution. However, in the future, when the Act Governing the Compensation and Fees for the National Assembly Delegates is being amended, clear stipulations should be made with respect to the Speaker and the Vice Speaker so as to provide a legal basis for remuneration.     
      
    •        It is hereby explicated that in view of the fact that the Speaker and Vice Speaker of the National Assembly are government authorities under the Constitution representing the National Assembly and that such posts are of a regular nature, payment should be disbursed by the National Treasury with remuneration comparable to their position and job duties on a regular basis. Moreover, unless otherwise prescribed by the law, they shall not take on other full-time positions of public service or operate a business.  
      
    • *Translated by David T. Liou.
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