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On what matters can a person lodge a petition to the Constitution Court under the new Constitutional Court Procedure Act? 

After the Constitutional Court Procedure Act (CCPA) came into effect on January 4, 2022, a person who had exhausted all ordinary judicial remedies may seek redress under the CCPA by petitioning the Constitutional Court for a judgment on either or both of the following matters: 

Abstract Review of Constitutionality of Laws and Constitutional Complaint

After exhausting all ordinary judicial remedies, any person who believes that a final court decision that ruled against her or him, or the applicable law (including regulation) therein, unlawfully infringes upon her or his constitutional rights and contravenes the Constitution, may lodge a petition with the Constitutional Court for a judgment declaring either the said decision, or both the said decision and the applicable law therein unconstitutional. (Articles 59 and 60 of the CCPA).

Abstract review of constitutionality of laws, whereby the Constitutional Court reviews the constitutionality of the applicable law, has existed in Taiwan prior to the arrival of the CCPA. If the Constitutional Court finds the petition well grounded, it could void the impugned statute or regulation, or require legal revision or legislation on the part of the Legislature. For those who believed that the applicable law was unconstitutional but whose relevant final court decisions were served before January 4, 2022, they could lodge petitions for abstract review of constitutionality of laws by July 4, 2022. 

Constitutional complaint is a new procedure under the CCPA. Under this procedure, the Constitutional Court may review the constitutionality of either or both of the applicable law and the impugned final court decision. When the Constitutional Court declares the applicable law unconstitutional, the final court decision will be vacated and remanded to a competent court. When the Constitutional Court upholds the applicable law but concludes that the final court decision itself is unconstitutional, the Constitutional Court could render such a judgment and order that the final court decision be vacated and remanded to the competent court for further proceedings pursuant to the judgement of the Constitutional Court. 

For example, Article 195, Paragraph 1, Second Sentence of the Civil Code provides, “If it is reputation that has been damaged, the injured person may also claim the taking of proper measures for the rehabilitation of her or his reputation.” While upholding this provision as constitutional, the Constitutional Court may nonetheless find a civil court decision unconstitutional for imposing self-humiliation and denigrating human dignity by ordering the kneeling in public as a means of restoring reputation. 

Uniform Interpretation of Statutes and Regulations 

Any person who believes that, in respect of the same legal provision in a statute or a regulation, a conflict exists between the interpretation rendered by a final court decision that finds against her and a prior one rendered by another court of last resort in a different adjudication system, may lodge a petition with the Constitutional Court for a judgment of uniform interpretation on the relevant legal provision (Article 84, Paragraphs 1 and 2 of the CCPA). 

Since the Constitutional Court is not meant to replace the ordinary courts at any level, all lay petitioners must have exhausted all ordinary judicial remedies before lodging petitions with the Constitutional Court. This requirement means that for the matter in dispute, there is no venue for further appeal or interlocutory appeal as a matter of law. A petition cannot be lodged with the Constitutional Court If the petitioner could have appealed the final court decision but failed to do so within the remedial period. 

 


Is there any time limit for lodging a petition with the Constitutional Court?

Yes.

The CCPA sets specific time limits for different types of petitions. These are all statutory “peremptory periods” that must be complied with and are not affected by holidays of any sort.

After exhausting all ordinary judicial remedies, any person who believes that a final court decision that ruled against her or him, or the applicable law therein, unlawfully infringes upon her or his constitutional rights and contravenes the Constitution, may lodge a petition with the Constitutional Court for a judgment declaring either the said decision, or both the said decision and the applicable law therein unconstitutional (Article 59, Paragraph 1 of the CCPA). The Petition must be lodged within the peremptory period of six months starting on the next day of the date when the final court decisions were served (Article 59, Paragraph 2 of the CCPA). For those whose final court decisions were served before January 4, 2022, they could lodge petitions for abstract review of constitutionality of laws by July 4, 2022. The peremptory period of six months for the aforementioned transitional petitions starts from the effective date of the CCPA (Article 92, Paragraph 2 of the CCPA).

Any person may lodge a petition for uniform interpretation of statutes and regulations within the peremptory period of three months upon the service of the final court decision (Article 84, Paragraph 3 of the CCPA). This requirement is the same as what the old Constitutional Court Interpretation Act stipulated. The way the peremptory period is computed here is identical to what is stipulated in Article 59 of the CCPA (see also Article 70 of the Rules of the Constitutional Court).

Example: Person A lost a civil lawsuit in the Taiwan High Court. Dissatisfied with the result, she appointed Attorney B and appealed to the Supreme Court. The Supreme Court dismissed the appeal for lack of merits or on grounds of inadmissibility, and the dismissal decision was served to Attorney B on January 20, 2022. If Person A believes that the Supreme Court’s decision and/or the applicable law therein is unconstitutional and would like to petition the Constitutional Court for, her petition must be lodged with the Constitutional Court within six months starting on the next day of the service of the Supreme Court decision to Attorney B, i.e, January 21, 2022. 

Keywords: time limit, petition period, peremptory period

 


What should be included in a petition for constitutional complaint? 

A petition brief for constitutional complaint should state the facts of the case and the applicable law at issue. It should specify the issue(s) and specifically explain the reasons why the petitioner believes that the final court decision infringes her constitutional rights or violates a constitutional principle. Since the Constitutional Court is not meant to be a “court of the fourth instance” or the “ultimate supreme court,” one cannot lodge a constitutional complaint on the ground that a final Supreme Court or the Supreme Administrative Court decision is “erred in law.” In other words, if an individual lodges a constitutional complaint on the ground that the final court decision is erred in law, but the alleged error does not implicate constitutional law, the Constitutional Court will dismiss her petition as inadmissible. Furthermore, the petition brief should explain why the issue raised is of constitutional significance.

Petitioners may self-check whether their petition briefs include the contents mentioned above and satisfy the formal requirements for lodging constitutional complaints by consulting and referencing the Checklist for the Lay Petitioners and the Templates for Pleadings and Other Documents for Petitions to the Constitutional Court. To be sure, it is the constitutional court that decides whether a petition satisfies the aforementioned requirements and is admissible. 

Keywords: constitutional complaint, constitutional significance

Relevant Laws: 
Article 59 and Article 61, Paragraph 1 of the CCPA

 


Do I need to pay a fee to lodge a petition with the Constitutional Court? 

No.

In addition to protecting the petitioner’s constitutional rights, the proceedings of the Constitutional Court also serve the objective public interest safeguarded by the constitutional order. Therefore, Article 22 of the CCPA specifically provides that proceedings before the Constitutional Court are free of charge.

Keyword: court fee

 


How should I write a petition brief?

For the format of petition brief, please refer to the Checklist for the Lay Petitioners, and the Templates for Pleadings and Other Documents for Petitions to the Constitutional Court. When lodging a petition with the Constitutional Court, one should provide with the Constitutional Court all the information as legally required for the type of petition under consideration, and submit the relevant supporting documents as attachments. . 

Relevant Laws: 
Articles 14, 15 (Paragraph 1), 50, 56, 60, 66, 68, 78, 82 (applying mutatis mutandis Article 15), 83 (applying mutatis mutandis Article 60) and 85 of the CCPA
Rules on the Format for Pleadings Filed with the Constitutional Court

 


Who will have access to my petition brief after it is submitted to the Constitutional Court? Can I choose not to publish personal data, trade secrets, or other confidential information included in my petition brief?

After a petition is submitted, all Justices will have access to it. If the Constitutional Court finds the petition admissible, the petition brief will be published on the Constitutional Court’s official website and be accessible to the public as required by law. The purpose of publication is to promote deliberation on constitutional issues and accommodate the public’s right to know (see Article 18 of the CCPA, and Articles 2 and 3 of the Regulations on the Publication of the Pleadings and Other Constitutional Court Documents). 

If a petitioner thinks that her petition brief contains private information that she does not wish to disclose to the public, or certain information the access to which is restricted by law (including sensitive personal data and all sorts of information that should be kept confidential or restricted as a matter of law or policy, such as the personal information of others, state or official secrets, and trade secrets), she may submit the electronic file of a properly redacted petition brief to the Constitutional Court along with the unredacted original brief. This would inform the Court’s decision on the publication of briefs and prevent the leakage of classified information or personal data about the petitioner or others.

Mandatory representation by an attorney at law is not required for petitioning the Constitutional Court. However, when a petitioner is represented by an attorney, the attorney is obligated to assist her client in reviewing whether the petition brief is properly redacted before submission (see Article 8 of the Regulations on the Publication of the Pleadings and Other Constitutional Court Documents). For further information on redaction, please see the Guidelines for Redacting Information subject to Limited Publication of the Pleadings and Other Constitutional Court Documents. 

Keywords: personal data, trade secrets, redaction

 

 


Can I submit my petition brief online or by fax?

A petitioner may use the official online platform to lodge a petition and submit her petition brief with the Constitutional Court. However, submission cannot be made via oral communication, fax, or email. 

To submit your petition brief online, you first need to obtain a username and password by following the instructions as provided by the Judicial Yuan Electronic Filing Service Platform (Constitutional Litigation)

▍Natural Persons(General Public)
With a card reader and your valid natural person certificate ready at hand, you can register for a filing account through the “Judicial Yuan Electronic Certification Service System” with your natural person certificate. Then you can log in to the “Judicial Yuan Electronic Filing Service Platform” with the obtained username and password.

▍Attorneys at Law 
Please log in directly through the Judicial Yuan’s single portal for attorneys at law. To obtain your account, first download the “Judicial Yuan Electronic Filing Service for Attorneys Application Form” from the webpage of “Judicial Yuan Electronic Filing Scheme for Lawyers.“ Complete the form and enclose a copy of the front and back of your national ID card, and a copy of your attorney’s license or attorney’s ID card. Sign and stamp the form, and then mail the form together with the enclosures to the Department of Information and Technology of the Judicial Yuan (address: 100203 No. 124, Section 1, Chongqing South Road, Zhongzheng District, Taipei City). Once your application is approved, you will receive your username, password, and other information via email. 

Please note that if your petition is lodged online, the Constitutional Court may still require the submission of multiple paper copies. Petitioners should follow the Court’s instructions and work with the Court to ensure that the proceedings could go smoothly. 

Relevant Laws: 
Article 14, Paragraph 5 of the CCPA
Article 6, Paragraph 1 of the Rules on the Format for Pleadings Filed with the Constitutional Court
Article 6 of the Regulations on Electronic Filing of Pleadings with the Constitutional Court

 


How does the Constitutional Court decide whether to admit my petition?

Flowchart

 

Every petition submitted to the Constitutional Court is assigned a case number in the order of filing and then is assigned to a reporting Justice randomly selected by computer. For admissibility, a petition will first be reviewed by the Chamber to which the reporting Justice belongs, rather than all 15 Justices of the Constitutional Court (see Article 26 of the Rules of the Constitutional Court, and Article 5, Paragraph 1 of the Guidelines on Case Numbering, Caseload Allocation Weighting, Assignment and Disposal for the Constitutional Court).

The Constitutional Court has five Chambers, and each Chamber comprises three Justices. The reporting Justice, together with the other two Chamber members, will decide on the admissibility of the petition and such matters as whether to grant the requests for inspecting court documents, and whether to ask the parties to rectify the briefs or submit additional information. If one of the Chamber Justices considers the petition admissible, the petition will be referred to the full Court for a decision on admissibility.  

If the Chamber unanimously decides that the petition is inadmissible, the petition together with the draft dismissal order will be circulated to all Justices for comments in a 15-day window. Unless at least three Justices within this window consider the petition admissible, the dismissal order will be published and served on the petitioner. If three or more Justices consider the petition admissible, its admissibility will be decided by the full Court. 

    If the Constitutional Court decides to admit the petition, the case will proceed to merits review by all the Justices. If the petition is ruled inadmissible, the dismissal order will be promptly published on the Constitutional Court’s website and served on the petitioner.

Relevant Laws: 
Articles 3 and 15 of the CCPA
Article 30 of the Rules of the Constitutional Court

 


As a petitioner, may I request to inspect court documents? How do I make the request?

Yes, you may.

Any parties to a petition and their advocates or defense counsels may request permission of the Constitutional Court to view, transcribe, photocopy, or photograph documents contained in the case file or obtain duplicate copies thereof. The steps for making the request are as follows:

▍Submit a Request for Court Documents Inspection

The applicant needs to fill out and summit a paper request form for court documents inspection to the Constitutional Court. Alternatively, the request may be filed online via the Judicial Yuan Electronic Filing Service Platform. For instructions on how to use the electronic filing system, please refer to the “Judicial Yuan Electronic Filing Service Platform

▍Wait for a Decision on the Request to Inspect Court Documents

The Chamber will decide whether to grant the request. Its decision in this regard is final and cannot be appealed.

▍Pay the Inspection Fees    

Once the request is granted, the applicant must pay, upfront or on the spot, the required inspection fees charged for users. For detailed information, please see Guidelines for Requesting for Inspection of Case File in the Pending Docket)

Keyword: request for court documents inspection, eligibility for making a inspection request, inspection fees

Relevant Laws: 
Articles 23 and 39 of the CCPA
Articles 5 and 12 of the Rules on Access to the Constitutional Court Documents
Regulations on Electronic Filing of Pleadings with the Constitutional Court

 


After the Constitutional Court admits my petition, what will happen next?

If the petition brief and the reply brief of a case have been published on the Constitutional Court's website, that means that the Constitutional Court has decided to admit the petition. The Constitutional Court will then proceed to hear and adjudicate the case on the merits in accordance with the CCPA, the Rules of the Constitutional Court, etc.

Before issuing its final judgment or order and depending on the needs of the specific case, the Constitutional Court may, sua sponte, (a) send letters of inquiry to the relevant authorities, (b) summon the parties, stakeholders, or the relevant authorities to explain before the court, (c) make necessary investigations and appropriate disposals (such as holding a hearing and soliciting professional opinions or information on certain issues from experts, scholars, authorities or organizations appointed by the Court), or (d) hold oral arguments. The Constitutional Court may also hold preparatory sessions before oral arguments (Article 34 of the Rules of the Constitutional Court). Moreover, it is also possible that the Constitutional Court chooses to proceed directly to deliberation and render its judgment or order on the merits.

It should be noted that if, upon further considerations, the Constitutional Court finds that an admitted petition should be deemed inadmissible, the Court may still order to dismiss the petition (Article 40 of the Rules of the Constitutional Court).

 


Oral Arguments Session

Oral Argument Session

 

When the Constitutional Court decides to hold an oral arguments session for a case admitted for merits decision, it may also determine which experts will be invited to serve as expert witnesses and which court-approved amici curiae may appear before the Court. Afterwards, the schedule of the oral arguments session will be published. The notice of oral arguments will be served on the petitioners no later than 20 days before the scheduled session. In rare occasions, the Constitutional Court may hold an oral arguments session for a case yet to be admitted. 

In principle, the parties must appoint attorneys as their advocates in oral arguments sessions (see Article 8 of the CCPA). 

If a party wishes to submit a brief on the oral arguments, the party must submit the original brief to the Constitutional Court and provide the other party with a duplicate copy (see Article 23 of the Rules of the Constitutional Court). As with other documents, the briefs on oral arguments will be published on the Constitutional Court’s website, and the advocates are obliged to submit to the Court a redacted brief in electronic format. 

Relevant Laws: 
Article 8 of the CCPA
Article 23 of the Rules of the Constitutional Court

 


Do I have to appoint an attorney for the oral arguments session? What if I cannot afford one?

If a party wishes to take part in the oral arguments session of the Constitutional Court, she must appoint an attorney as her advocate unless she is qualified as an attorney, a judge, or a professor of law at the assistant level or above. Subject to the permission of the presiding Justice of the Constitutional Court, a party may appoint a professor of law at the assistant level or above as her advocate. Each party may appoint no more than three advocates.

After receiving the notice of oral arguments, if a party chooses not to appoint an attorney and does not wish to attend the oral arguments session, she will not be penalized. The Constitutional Court will proceed directly with the oral arguments session and make its decision. 

If a party wishes to be represented or assisted by an attorney at the oral arguments session but considers herself financially unable to afford one, she should file, within five days of receiving the notice of oral arguments and with a succinct explanation of her financial situation, an application with the Constitutional Court for appointment of an advocate by the Court. The Constitutional Court will then assess the party’s eligibility, and if the party is eligible, appoint an attorney as her advocate by an order. For more information, please refer to the Guidelines for Financially Incapable Individuals on Applications to the Constitutional Court for Appointment of an Advocate.

Relevant Laws: 
Articles 2 and 5 of the Guidelines for Financially Incapable Individuals on Applications to the Constitutional Court for Appointment of an Advocate 
Article 28 of the CCPA

 


What rules do I need to follow when attending an oral arguments session at the Constitutional Court?

(1) On the date of the oral arguments session, the parties and their advocates should bring with them the notice of oral arguments and their national ID cards and arrive at the Constitutional Court in good time. 

(2) Please dress appropriately. You will need to pass through security check. Do not bring with you any dangerous items. Nor should you bring signs, banners, posters, loudspeakers, electronic communication devices, or equipments for photography, filming, or recording. 

(3) There are designated seats for the parties. If you need to temporarily leave the courtroom during the session, please inform the bailiff or the court staff. 

(4) Please speak only when instructed by the presiding Justice. Speaking time allowed is usually from 5 to 10 minutes, and a countdown timer is placed in front of your seat. Please conclude your speech promptly when your time is up. 

(5) All court proceedings are conducted by the presiding Justice. The oral arguments session may be streaming live online. No recording, filming, or taking photographs is allowed. Making noise, smoking, eating (except for drinking water), and any other attempt to disrupt the court’s order are all strictly prohibited. 

(6) Please follow other instructions as stated in the notice of oral arguments. 

Relevant Laws: 
Article 27 of the CCPA
Regulations on Public Attendance at the Constitutional Court Oral Arguments
Guidelines for Attending Oral Arguments at the Constitutional Court 

 

 


May I attend the oral arguments session online?

To ensure fairness and immediacy of the proceedings, and to protect the parties’ litigation rights, oral arguments sessions of the Constitutional Court are, in principle, held at the location of the Court (4 Floor, Judicial Office Building, No. 124, Section 1, Chongqing South Road, Zhongzheng District, Taipei City). Those who receive the notice of oral arguments are expected to attend in person. However, under certain circumstances, the Constitutional Court may allow notified petitioners, respondents, expert witnesses or amici curiae to attend remotely from another court house or location designated by the Court. 

Under exceptional circumstances, such as natural disasters, epidemics, or other situations unsuitable for in-person attendance, the Constitutional Court may hold the oral arguments sessions entirely online, with the parties attending the sessions via video conferencing from a designated location or court house. Please follow the instructions as provided in the notice of oral arguments for details. 

Relevant Laws: 
Article 39 of the CCPA
Guidelines for the Use of Technological Equipment for Remote Hearings and Document Transmission by the Constitutional Court 

 


How can I become an amicus curiae?

To ensure that the discussion of a case is not limited to the claims made by litigants, Article 20 of the CCPA draws from the American model and enables amicus curiae participation. With this new institution, those who are non-parties also have opportunities to submit professional opinions for the Court’s reference. The opportunity to serve as an amicus curiae is open to the stakeholders, relevant authorities or organizations, and any person who is interested in a case pending before the Court.  

To become an amicus curiae, you must, in principle, submit an application in writing to the Constitutional Court within two months after the publication of the petition brief. In cases where multiple petitions are consolidated, the two-month period starts from the date the last consolidated petition is published. If the case is high-profile or is scheduled for oral arguments, the Constitutional Court may set a different period for amicus curiae application, and the application must be submitted within the period as specified by the Constitutional Court.

If your amicus curiae application is approved by the Constitutional Court, you may appoint an attorney as your advocate to submit your professional opinion or information that has not been raised by the parties or other stakeholders and could be of interest to the Court. An amicus curiae can submit no more than one brief. For details, please refer to the Guide to Filing Amicus Curiae Briefs.

An amicus curiae brief is for the Constitutional Court’s reference only, and the Court is not bound by it. In the case that an opinion of amicus curiae is cited or quoted by a party, it is considered the citing party's own statement.

Keyword: Amicus Curiae

Relevant Laws: 
Article 20, Paragraphs 1, 2, 4 and 6 of the CCPA
Article 25 of the Rules of the Constitutional Court

 


Are all oral arguments sessions of the Constitutional Court livestreamed?

In principle, oral arguments before the Constitutional Court are livestreamed. However, livestreaming is not the only method of publication. Alternatively, the Court may choose to release video recordings or mere audio recordings of the oral arguments in real-time or ex-post. As to the method of publication in a given case, it all depends on the Court’s consideration of whether there are needs to protect the privacy of the participants or to maintain confidentiality. 

If an oral arguments session in open court might compromise national security, public order, or bonos mores, or might pose a danger of causing serious harms to life, body, privacy or trade secrets, the Constitutional Court may choose to hold the oral arguments in closed session without any livestreaming. 

Relevant Laws: 
Article 27 of the CCPA
Article 5, Paragraph 1 of the Regulations on the Audio and Video Recordings of the Constitutional Court Proceedings 
Article 39 of the Rules of the Constitutional Court

 


If the Constitutional Court has ruled in my favor, does it mean the final court decision against me has been overturned? 

Not necessarily.

The Constitutional Court is tasked to review the constitutionality of laws and of final court decisions, and resolve disputes concerning legal interpretation. It does not rule directly on the underlying final court decision. 

If the Constitutional Court finds that the petition is well grounded, it may or may not declare in the holding of the judgment that the impugned final court decision is vacated. Either way, the Constitutional Court will not rule de novo on the underlying case. Only the court that made the underlying final decision could do so.

 Keywords: vacation of the final court decision, remedy for the underlying case, unconstitutionality of the final court decision or of the applicable laws therein
 


How do I seek the overturn of the underlying final court decision based on the judgment of the Constitutional Court?
 
When the Constitutional Court finds that the petition is well grounded, depending on the timing and type of the petition, it may or may not declare in the holding of the judgment that the final court decision be vacated and remanded.

The ways as to how the petitioner may seek the overturn of the underlying final court decision in the proceedings of the competent court and in accordance with the judgment of the Constitutional Court are slightly different in the following three instances: 

▍Where the Constitutional Court Vacates the Final Court Decision and Remands the Case to the Competent Court

When the Constitutional Court, upon finding the constitutional complaint is well grounded, chooses to vacate the final court decision and remand the case to the competent court, the underlying final court decision is thereby rendered null and void. Under these circumstances, the petitioner need not make any further requests, as her case will be sent back to the competent court for further proceedings. The competent court must rule on the case de novo in accordance with the Constitutional Court’s judgment (Article 62 of the CCPA).

▍Where the Constitutional Court Declares the Applicable Law Unconstitutional but Does Not Vacate the Underlying Final Court Decision

For a successful petition for abstract review of constitutionality of laws that was either lodged before the CCPA came into effect or was based on a final court decision that had been served by January 3, 2022, the Constitutional Court could only review the constitutionality of the applicable law without vacating and remanding the underlying final court decision to the competent court. In other words, even if the Constitutional Court finds that the petition is well grounded, the underlying final court decision that found against the petitioner remains valid. If the petitioner wishes to have her case decided de novo in accordance with the Constitutional Court’s judgment, she must file for a retrial or request the Attorney General to file an extraordinary appeal (J.Y. Interpretation Nos. 177 and 185).

▍Where the Constitutional Court’s Judgment Concerns Uniform Interpretation

If a petitioner lodges a petition for uniform interpretation of statutes and regulations, and the Constitutional Court finds that the petition is well grounded, the Constitutional Court will not vacate the underlying final court decision that found against the petitioner. Rather, the Court will specify in the Judgment how the conflicting legal interpretations as occurred between the courts of last resort in different adjudication systems should be reconciled or unified. If the petitioner wishes to have a court decision that is consistent with the Constitutional Court’s judgment, she may file for a retrial or request the Attorney General to file an extraordinary appeal to have the original competent court adjudicate her case de novo

Keywords: remedy, constitutional complaint, vacate and remand, retrial, extraordinary appeal

 


When does a Constitutional Court decision take effect?

Effective Date of the Decision

 

The effective date of a Constitutional Court decision varies by the nature of decision.

If the decision is a judgment or an order that brings the proceedings to a close (i.e., resolving the dispute), it shall be pronounced or published, and it takes effect from the date of pronouncement or publication. 

If the decision is an order that does not bring the proceedings to a close, it shall be served on the parties, and it takes effect on the date of service. Orders of this sort include, for example, a Chamber order regarding the appointment of designated petitioners (Article 7, Paragraph 2 of the CCPA); an order by the presiding Justice of the Chamber requiring a petitioner to correct procedural errors in her petition within a specified period of time (Article 15, Paragraph 2 of the CCPA); or an order by the Constitutional Court requiring the petitioning authority to rectify the insufficiency of evidence within a specified period of time (Article 79, Paragraph 2 of the CCPA ).

Relevant Laws: 
Article 37 of the CCPA provides: “(Paragraph 1) A decision shall take effect on the date of pronouncement or publication. (Paragraph 2) An order which is not pronounced or published shall take effect on the date of service.”

 


I have a condition of physical disability. Is the Constitutional Court fully accessible?

If you are summoned to attend the court proceedings because you are a party (including in the capacity of a representative or legal representative), an advocate or defense counsel, a witness, an expert witness, or an expert scholar, and you require assistance, you can inform the Court (i.e., the clerk in charge) of your needs upon receiving the notice before the court date. If you are a person in wheelchair who wishes to attend the open session of the Court, the Court will provide a portable ramp to facilitate your access to the courtroom seats. In addition, as a matter in principle and except for cases that are legally proscribed from being heard in public, oral arguments of the Constitutional Court will be livestreamed on the websites of the Judicial Yuan and the Constitutional Court. Real-time sign language translation will also be provided to facilitate online participation by people with physical, hearing, or speech disabilities. 

 

 

 


 

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