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Title: The Administrative Court Organization Act CH
Amended Date: 2011-11-23
Category: Judicial Yuan(司法院)
Chapter 1 General Provisions
Article 1
The Administrative Court governs matters concerning administrative trials.
Article 2
The Administrative Court consists of the following two levels:
1. The High Administrative Court.
2. The Supreme Administrative Court
Article 3
A trial in the High Administrative Court shall be adjudicated by a panel of three Judges.
A trial in the Supreme Administrative Court shall be adjudicated by a panel of five Judges.
Article 4
In a collegial trial, the Division-Chief Judge shall be the Presiding Judge; in the absence of the Division-Chief Judge, the most senior judge of the same division, or the eldest of the judges of the same seniority, shall act as the Presiding Judge.
Article 5
The number of personnel required for each level of Administrative Court shall be determined in accordance with the provisions of the appended schedules one and two.
To cope with work-loads, the Judicial Yuan may prescribe various staffing schedules for the High Administrative Court in accommodation of the manpower requirements within the allowance of total allotment of Division-Chief Judges, Judges, Judicial Affair Officers, Clerks, Interpreters, Process Servers, Clerk Assistants, Court Attendants, and Bailiffs as prescribed in the Appendix Schedule One.
Chapter 2 The High Administrative Court
Article 6
Each province, municipality, and special district shall have a High Administrative Court. However, for regions with a small jurisdiction or light work-load, one High Administrative Court may be shared among several provinces, municipalities, and special districts; for regions with a vast jurisdiction or heavy work load, the number of High Administrative Courts may be increased. The divisions or changes of jurisdiction areas of a High Administrative Court shall be prescribed by the Judicial Yuan.
Article 7
Cases under the jurisdiction of the High Administrative Court are as follows:
1. Appeal cases that are filed in the Ordinary Proceedings of an administrative procedure because of objections to an adjudicated decision or to legal regulations that are deemed as a decision. However, if otherwise provided by law, the provisions of that law shall prevail.
2. Appeal cases that are filed because of objections to the First Instance judgments of the administrative court of a District Court.
3. Appeal cases that are lodged against the ruling of the administrative court of a District Court.
4. Other cases provided by law that are under the jurisdiction of the High Administrative Court.
Article 8
A High Administrative Court shall have one President, which is served concurrently by a Judge, with a position ranking of selection rank of the 13th to 14th grade who is in charge of the overall administration of the court.
The President of the High Administrative Court as described in the preceding Paragraph shall be selected from those who have the job qualifications of a Supreme Administrative Court Judge, Supreme Court Judge or a Supreme Court Prosecutors Office Prosecutor, who also has the leadership ability.
Article 9
The number of divisions in the High Administrative Court is dependent on the case load; if necessary, special tribunals may be set up.
Each division shall have one Division Chief Judge with a selection rank of 11th to 13th grade, to be served concurrently either by the judge who serves as the President on a concurrent basis or by any of the rest of the judges. The Division Chief Judge shall oversee the divisional affairs.
Article 10
Each division of the High Administrative Court shall have three judges, each with a selection rank of 10th to 11th grade or a recommendation rank of 9th grade.
Judges who have served continuously on the High Administrative Court for over two years may be promoted to a selection rank of 12th to 14th grade. Those who are qualified for promotion pursuant to Paragraph 2, Article 12 of the Court Organization Act may be promoted to a selection rank between the 12th and 13th grade or between the 12th and 14th grade.
Judges who have been selected to serve on the High Administrative Court for over two years and have been transferred to serve as the President on a concurrent basis, or Division-Chief Judge, or Judge of a District Court or its branch, may be promoted to a selection rank of 12th to 14th grade.
The High Administrative Court Judge's years of service and the past years of service of being a Judge in a High Court, or Intellectual Property Court, or a Prosecutor in a High Court Prosecutor Office as described in the preceding two Paragraphs shall be combined in the calculation of service seniority.
To cope with varying work loads, the Judicial Yuan, when necessary, may transfer judges, judges-in-probation, or judges-in-training of the District Court or its branch to the High Administrative Court, with an allotment of one to three judges for each court division, to assist with trial proceedings, substantive analysis, information collection and analysis, and drafting of judgments.
When necessary, the High Administrative Court may have judicial assistants to help with the management of trial proceedings, procedural analysis, and information collection and analysis. The positions of judicial assistant are to be filled with professional personnel in accordance with relevant applicable laws, or by transferring personnel from other courts, or administrative courts or other judicial personnel, or by temporarily transferring personnel from other appropriate agencies.
The years that a judge, a judge-in-probation or a judge-in-training has served on the High Administrative Court shall be counted towards his seniority as a judge, a judge-in-probation, or a judge-in-training.
For those who have a professional qualification, their service years as a Judicial Assistant shall be counted towards the seniority of their professional practices.
The regulations governing personnel selections of Judicial Assistants shall be prescribed by the Judicial Yuan.
The effective dates of the provisions in Paragraphs 2, 3 and 4 are backdated to January 19, 2001; however, the effective date on the portion of Paragraph 2 that was amended on November 1, 2011 shall be backdated to November 26, 2010.
Article 10-1
A High Administrative Court shall have a Judicial Affairs Office. The Judicial Affairs Officer shall have a recommendation rank of 7th to 9th grade. If there are more than two Judicial Affairs Officers, a position of Chief Judicial Affairs Officer will be set up, whose position is a recommendation rank of 9th grade to a selection rank of 10th grade.
The Judicial Affairs Officer as prescribed in the preceding Paragraph must have professional qualifications in finance, tax or accounting.
Article 10-2
Judicial Affairs Officers are in charge of the following affairs:
1. Handling tax data collection and analysis, and providing professional recommendations concerning tax or accounting.
2. Participating in trial proceedings in accordance with the law.
3. Affairs as assigned by other legal provisions.
The scope and date governing each preceding Paragraph that is to be handled by Judicial Affairs Officers shall be prescribed by the Judicial Yuan.
Chapter 3 Supreme Administrative Court
Article 11
The Supreme Administrative Court is located in the venue of the central government.
Article 12
Cases under the jurisdiction of the Supreme Administrative Court are as follows:
1. Appeal cases that are filed or lodged against the rulings of the High Administrative court.
2. Other cases provided by law that are under the jurisdiction of the Supreme Administrative Court.
Article 13
The Supreme Administrative Court shall have one President, who is named by special appointment and who also serves as a Judge, and is in charge of the overall administration of the court.
The president of the Supreme Administrative Court as prescribed in the preceding Paragraph shall be selected from candidates who possess one of the following qualifications, and who also have the required leadership ability:
1. Has served as a justice of the Constitutional Court of the Judicial Yuan, president of the Supreme Administrative Court, president of the Supreme Court, Prosecutor General of the Supreme Prosecutors Office, or Chief Commissioner of the Public Functionary Disciplinary Sanction Commission.
2. Has served as a judge in an Administrative Court, the Supreme Administrative Court, the Supreme Court, or as a prosecutor in the Supreme Prosecutors Office, or the president in a High Administrative Court, a High Court, or as a Chief Prosecutor in a High Court for a total of five years.
3. Has served as a selection rank judge in an Administrative Court, or a selection rank Judicial Judge for more than ten years, or has served as a selection rank judge in an Administrative Court, or a selection rank Judicial Judge and selection rank Judicial administrative personnel for a total of more than ten years.
Article 14
The Supreme Administrative Court shall have court divisions for case trials, the number of which shall be dependent on the case load.
Each division of the Supreme Administrative Court shall have one Division-Chief Judge with a selection rank of 14th grade, to be served concurrently either by the judge who serves as the President on a concurrent basis or by any of the rest of the judges. The Division-Chief Judge shall oversee the divisional affairs.
Article 15
Each division of the Supreme Administrative Court shall have five judges, each with a selection rank of 13th to 14th grade.
To cope with the work load, the Judicial Yuan may transfer judges, judges-in-probation, judges-in-training from High Administrative Courts, or High Courts, or every levels of lower courts thereof to the Supreme Administrative Court, with one to five judges for each division court, to assist the presiding judge with trial proceedings, substantive analysis, information collection and analysis, and drafting of judgments.
When necessary, the Supreme Administrative Court may have judicial assistants to assist with the management of trial proceedings, procedural analysis, information collection and analysis. The position of a judicial assistant is to be filled with professional personnel in accordance with relevant applicable laws of contract-based employment, or by transferring personnel from other courts, or administrative courts or other judicial personnel, or by temporarily transferring personnel from other appropriate agencies.
The years that a judge, a judge-in-probation or a judge-in-training has served on the Supreme Administrative Court shall be counted towards his seniority of a judge, a judge-in-probation, or a judge-in-training.
For those who have a professional qualification, their service years as a Judicial Assistant shall be counted towards the seniority of their professional practices.
The regulations governing personnel selections of a Judicial Assistant shall be prescribed by the Judicial Yuan.
Article 16
Concerning judgments of the Supreme Administrative Court, if the legal opinions on which they are based are such that it is considered necessary for them to be compiled as precedents, then a meeting must be convened with the participation of the President, the Division-Chief Judge, and Judges to decide on the resolution, which is subsequently submitted to the Judicial Yuan for recordation.
The provision of the preceding Paragraph is applicable to the trial cases, adjudicated by the Supreme Administrative Court, of which a legal opinion is considered necessary to alter their precedents.
If the interpretations from each division court are different on the legal opinions of a judgment adjudicated by the Supreme Administrative Court, a joint conference with the attendance of the President, the Division-Chief Judge, and Judges should be held prior to the compilation of the precedent, as prescribed in the 1st paragraph, so as to have a resolution on a uniform interpretation of the law.
Chapter 4 Qualifications and Benefits of a Judge
Article 17
A candidate for High Administrative Court judge position should possess one of the following criteria, and must pass the selection or review process plus participate in training to qualify for the position:
1. Has served as a judge in an Administrative Court, the Supreme Administrative Court, or a High Administrative Court.
2. Has served as a recommendation rank or selection rank judicial judge for more than two years, or has served as a recommendation rank or selection rank judicial judge and served as a recommendation rank or selection rank civil servant for a total of more than two years.
3. Has served as a professor, or associate professor for more than eight years in a university, or independent college that is accredited by the Ministry of Education, lecturing on the subject of constitutional law, administration law, tax law, trademark law, patent law, land law, fair trade law, government procurement law, or other administrative laws, and is qualified for recommendation rank or selection rank employment.
4. Has served as a research fellow, or an associate research fellow at the Academia Sinica for a combination of more than eight years, and has publications on the subject of constitutional law or administrative law, and is qualified for recommendation rank or selection rank employment.
5. Has graduated from the undergraduate or graduate program of law, political science, or public administration of a public or duly recognized private university or an independent college, and served as a recommendation rank or selection rank civil servant handling administrative appeals or legal affairs for more than 8 years.
6. Has passed the bar exam and has practiced as an attorney in the field of administrative litigation for more than eight years, and is qualified for recommendation rank or selection rank employment.
The Judicial Yuan shall set up a Selection Committee to administer the selection of candidates who possess the qualifications set forth in Subparagraph 2 of the preceding paragraph for new appointments, and provide them with job training on the subjects of administrative law, administrative litigation law, trademark law, patent law, and tax law, prior to their employment. The regulations governing the selection and on-the-job trainings shall be prescribed by the Judicial Yuan.
For those candidates, who possess the qualifications set forth in the Subparagraphs 3 to 6 of the 1st Paragraph and have passed the reviews of the Review Committee set up by the Judicial Yuan, shall undergo pre-job training on the subjects of administrative law, administrative litigation law, trademark law, patent law, and tax law prior to assuming a position. The regulations governing the review and pre-job training shall be prescribed by the Judicial Yuan.
The Judicial Yuan shall appoint dedicated personnel, and select representatives from the Executive Yuan and the Examination Yuan, scholars, experts and impartial citizens to be members of the Review Committee, as prescribed in the preceding Paragraph, in which the selected Executive Yuan representatives, the Examination Yuan representatives, scholars, experts and impartial citizens shall make up no less than one half of the total number of the committee membership.
Article 18
A candidate for the Supreme Administrative Court judge position should possess one of the following criteria, and must pass the selection or review process plus participate in training to qualify for the position:
1. Has served as a judge in an Administrative Court or the Supreme Administrative Court.
2. Has served as a judge in the Supreme Court, a prosecutor in the Supreme Prosecutors Office, a judge in a High Administrative Court, Intellectual Property Court or its branch, High Court or its branch, or a prosecutor in a High Court Prosecutor Office or its branch for more than four years with a good performance record, and is qualified for selection rank employment.
3. Has served as a judge in a High Administrative Court, Intellectual Property Court or its branch, High Court or its branch, or a prosecutor in a High Court Prosecutor Office or its branch, and has served as a judge who served concurrently as the president of a district court or its branch, or a prosecutor in a district court Prosecutor Office or its branch for a total of more than four years with a good performance record, and is qualified for selection rank employment.
4. Has served as a professor for more than five years in a university, or independent college that is accredited by the Ministry of Education, lecturing on the subject of constitutional law, administration law, tax law, trademark law, patent law, land law, fair trade law, government procurement law, or other administrative laws, and is qualified for selection rank employment.
5. Has served as a research fellow at the Academia Sinica for more than five years, and has publications on the subject of constitutional law or administrative law, and is qualified for selection rank employment.
6. Has graduated from the undergraduate or graduate program of law, political science, or public administration of a public or duly recognized private university or an independent college, and served as a selection rank civil servant handling administrative appeals or legal affairs for more than 6 years.
7. Has passed the bar exam and has practiced as an attorney in the field of administrative litigation for more than twelve years, and is qualified for selection rank employment.
The Judicial Yuan shall set up a Selection Committee to administer the selection of candidates, who possess the qualifications set forth in Subparagraphs 2 and 3 of the preceding paragraph and who are being appointed to a new position from their current position as a judge of a general court, or of an Intellectual Property Court, or a prosecutor of a Prosecutor Office, and provide them with on-the-job training on the subjects of administrative law, administrative litigation law, trademark law, patent law, and tax law prior to employment. The regulations governing the selection and on-the-job trainings shall be prescribed by the Judicial Yuan.
For those candidates, who possess the qualifications set forth in the Subparagraphs 4 to 7 of the 1st Paragraph and have passed the reviews of the Review Committee set up by the Judicial Yuan, shall undergo pre-job training on the subjects of administrative law, administrative litigation law, trademark law, patent law, and tax law prior to assuming a position. The regulations governing the review and pre-job training shall be prescribed by the Judicial Yuan.
The Judicial Yuan shall appoint dedicated personnel, and select representatives from the Executive Yuan and the Examination Yuan, scholars, experts and impartial citizens to be members of the Review Committee, as prescribed in the preceding Paragraph, in which the selected Executive Yuan representatives, the Examination Yuan representatives, scholars, experts and impartial citizens shall make up no less than one half of the total number of the committee membership.
Article 19
The selection and review process of Judges for an Administrative Court shall take into account the candidates' experience and knowledge in the administrative law profession.
Once a candidate is appointed as a judge of an Administrative Court, annual on-the-job training must be organized to promote the administrative law and its related professionalism, and to improve his adjudicative quality.
Article 20
Unless otherwise provided for in this Act, the Judicial Personnel Ordinance, and other provisions of the law relating to the protection and remuneration for judiciary judges shall apply mutatis mutandis to the protection and remuneration for the judges of an Administrative Court.
Chapter 5 The Allocation of Clerks
Article 21
A High Administrative Court shall have a Clerk Division, and shall be staffed with: a Chief Clerk with a job ranking of recommendation rank 9th grade or selection rank 10th to 11th grade, whose job function is to take charge of administrative affairs according to the instructions of the President; 1st Clerks with a recommendation rank 8th to 9th grade; 2nd Clerks with a recommendation rank 6th to 7th grade; and 3rd Clerks with an elementary rank 4th to 5th grade.
The Clerk Division may be divided into sections to manage business; each section may be divided into units when necessary. The Section Chief position shall be served by the 1st Clerk concurrently, and the Unit Chief by either 1st Clerk or 2nd Clerk concurrently. Neither function will have separate positions established.
The total combined number of 1st and 2nd Clerks in the preceding paragraph shall not exceed half of the total number of 1st, 2nd and 3rd Clerks of the same administrative court.
Article 22
The Supreme Administrative Court shall have a Clerk Office, and shall be staffed with: a Chief Clerk with a selection rank 11th to 13th grade, whose job function is to take charge of administrative affairs according to the instructions of the President; 1st Clerks with a recommendation rank 8th to 9th grade; 2nd Clerks with a recommendation rank 6th to 7th grade; and 3rd Clerks with an elementary rank 4th to 5th grade.
The Clerk Office may be divided into sections to manage business; each section may be divided into units when necessary. The Section Chief position shall be served by the 1st Clerk concurrently, and the Unit Chief by either 1st Clerk or 2nd Clerk concurrently. Neither function will have separate positions established.
The total combined number of 1st and 2nd Clerks in the preceding paragraph shall not exceed half of the total number of 1st, 2nd and 3rd Clerks of the same administrative court.
Chapter 6 The Allocation of Other Personnel
Article 23
Each level of Administrative Court may be staffed with Interpreters, and Technical Specialists with an elementary rank of 3rd to 5th grade; Process Servers with an elementary rank of 3rd to 5th grade; and Clerk Assistants and Court Attendants with an elementary rank of 1st to 3rd grade.
Current employees of Administrative Court, who were retained in accordance with past employee management regulations, but with no qualifications for civil servant employment, may remain as Clerk Assistants and Court Attendants as prescribed in the preceding Paragraph until such employment comes to an end.
Article 24
Each level of Administrative Court shall have Bailiffs with elementary rank of 3rd to 5th grade; a Chief Bailiff with an elementary rank of 5th grade or a recommendation rank of 6th to 7th grade; a Deputy Chief Bailiff with an elementary rank of 4th to 5th grade or a recommendation rank of 6th grade;
Article 25
A High Administrative Court shall have a Personnel Office, which will be staffed with a Chief Officer with a recommendation rank of 9th grade to a selection rank of 10th grade, and Officers with an elementary rank of 5th grade or a recommendation rank of 6th to 7th grade, whose job function is to administer personnel matters pursuant to the law.
The Supreme Administrative Court shall have a Personnel Office, which will be staffed with a Chief Officer with a selection rank of 10th grade, and Officers with an elementary rank of 5th grade or a recommendation rank of 6th to 7th grade, whose job function is to administer personnel matters pursuant to the law.
Article 26
A High Administrative Court shall have an Accounting Office and a Statistics Office, each of which will be staffed with a Chief Officer with a recommendation rank of 9th grade to a selection rank of 10th grade, and Officers with an elementary rank of 5th grade or a recommendation rank of 6th to 7th grade, whose job function will be to administer matters relating to annual calculations, accounting, and statistics pursuant to the law.
The Supreme Administrative Court shall have an Accounting Office and a Statistics Office, each of which will be staffed with a Chief Officer with a selection rank of 10th grade, and Officers with an elementary rank of 5th grade or a recommendation rank of 6th to 7th grade, whose job function will be to administer matters relating to annual calculations, accounting, and statistics pursuant to the law.
Article 27
A High Administrative Court shall have an Internal Affairs Office, which will be staffed with a Chief Officer with a recommendation rank of 9th grade to a selection rank of 10th grade, and Officers with an elementary rank of 5th or a recommendation rank of 6th to 7th grade, whose job function is to administer matters relating to internal affairs pursuant to the law.
The Supreme Administrative Court shall have an Internal Affairs Office, which will be staffed with a Chief Officer with a selection rank of 10th grade, and Officers with an elementary rank of 5th grade or a recommendation rank of 6th to 7th grade, whose job function is to administer matters relating to internal affairs pursuant to the law.
Article 28
A High Administrative Court shall have an Information Technology Office, which shall be staffed with a Chief Officer with a recommendation rank of 9th grade to a selection rank of 10th grade; Designers with a recommendation rank of 6th to 8th grade; Programmers with a recommendation rank of 7th grade; and Assistant Programmers with an elementary rank of 4th to 5th grade, where 1/2 of the personnel may be ranked with a recommendation rank of 6th grade, whose duties are to administer affairs of information technology.
The Supreme Administrative Court shall have an Information Technology Office, which shall be staffed with a Chief Officer with a selection rank of 10th grade; Designers with a recommendation rank of 6th to 8th grade; Programmers with a recommendation rank of 7th grade; and Assistant Programmers with an elementary rank of 4th to 5th grade, where 1/2 of the personnel may be ranked with a recommendation rank of 6th grade, whose duties are to administer affairs of information technology.
Chapter 7 The Judicial Year and the Allocation of Assignments
Article 29
A judicial year shall start on January 1 and end on December 31 of the same year.
Article 30
The Judicial Yuan shall prescribe the administrative procedures and regulations for each level of Administrative Court.
Article 31
Each level of Administrative Court shall convene meetings that include the participation of the President, Division-Chief Judges and Judges before the end of a Judicial Year to set forth the allocations of assignments and the orders of rotation for the next Judicial year in accordance with the administrative procedures and regulations of other legal provisions.
The meetings as prescribed in the preceding Paragraph should also set forth the sitting sequences of Judges in collegial trials for the next Judicial Year.
Article 32
The President shall act as chairman of the meeting prescribed in the preceding Article. The resolutions of the meeting shall be passed with majority votes. The chairman shall decide whether a resolution should be passed in the event of a tie.
Article 33
If it is necessary to change the pre-determined allocation of assignments, order of rotation, or sitting sequence of Judges in collegial trials because of an event, and an increase or decrease in the number of Judges, or other changes are required, the President may make a decision regarding the adjustment after consulting with the Division-Chief Judges and Judges.
Chapter 8 The Opening and Adjournment of a Court Session and its Order
Article 34
The Presiding Judge shall have the authority to direct a court session and a trial.
Article 35
In the event an agent ad litem acts or speaks inappropriately during the course of a trial, the Presiding Judge may give warnings or restrain such a person from representing on the trial day.
Article 36
During a court session, the Presiding Judge shall have the authority to maintain court order.
Article 37
The Presiding Judge may prohibit a person who is obstructing a court order or engaging in other inappropriate behavior from entering the courtroom, or order such a person to leave the courtroom. If necessary, the Presiding Judge may order the person to be detained until the court session is adjourned.
The orders as described in the preceding Paragraph shall not be challenged.
The provisions in the preceding two Paragraphs shall apply mutatis mutandis when the Presiding Judge is performing duties outside of court.
Article 38
Persons who violate an order given by the Presiding Judge, Commissioned Judge or Assigned Judge while he is intending to maintain court order, resulting in the obstruction of court proceedings, and continues to refuse to comply upon warning, shall be subject to imprisonment, or detention for no more than three months, or a fine of no more than nine thousand New Taiwan dollars.
Article 39
When giving an order pursuant to Article 35 or 37, the Presiding Judge shall provide grounds in the record.
Article 40
Rules governing the Presiding Judge as described in this Chapter shall apply mutatis mutandis to the Commissioned Judge or Assigned Judge.
Chapter 9 Supervision over Judicial Administration
Article 41
Supervision of administration for each level of Administrative Court is prescribed as follows:
1. The Judicial Yuan President supervises all levels of Administrative Court.
2. The Supreme Administrative Court President supervises that Supreme Administrative Court.
3. A High Administrative Court President supervises that High Administrative Court.
Article 42
Persons with the supervision authority pursuant to the preceding Article may impose the following restrictions over supervised personnel:
1. Give orders to bring attention to matters concerning job duties.
2. Give warnings to personnel on subjects concerning poor performance, committing ultra vires or misconducts.
Article 43
In the event of a severe violation of Subparagraph 2 of the preceding Article or failure to heed a warning by a supervised personnel, the supervising officer may apply the Civil Servant Discipline Act in disciplinary action.
Article 44
Provisions in this Chapter shall not affect the independent exercising of judicial powers.
Chapter 10 Supplementary Provisions
Article 45
The Judicial Yuan shall prescribe the rules governing courtroom settings and sit-in on the Administrative Court.
Article 46
The Judicial Yuan shall prescribe the time limit for Administrative trial adjudication.
Article 47
Issues not addressed herein shall be governed by the Court Organization Act and other applicable laws relating to personnel management.
Article 48
This Act is effective on the date of promulgation.
The Judicial Yuan shall mandate the enforcement date of the amended Articles of this Act.