Goto Main Content
:::

Chapter Law Content

Chapter IX. Miscellaneous Provisions
Article 90
(Transitional Rules on Proceedings of Pre-Commencement Pending Cases)
Except otherwise provided in this Act, this Act applies to all the pending petitions before the Constitutional Court lodged before the coming into force of this Act. Notwithstanding, the admissibility of such petitions shall be decided in accordance with the Constitutional Interpretation Procedure Act, which this Act is to replace through wholesale revision.
The provisions of Chapter 3, Section 1 and Chapter 8 shall apply mutatis mutandis to the petitions pending before the Constitutional Court under Article 5, Paragraph 1, Subparagraph 1, First Sentence and Subparagraph 3, First Sentence thereof, and Article 7, Paragraph 1, Subparagraph 1 of the Constitutional Interpretation Procedure Act filed before the coming into force of this Act.
Article 91
(Transitional Rules on Proceedings of Pre-Commencement Pending Constitutional Complaints)
The provisions of the vacating of a final court decision being declared unconstitutional and its remand to a competent court under Article 62, Paragraph 1, First Sentence shall not apply to the pending petitions in respect of the constitutionality of laws which were lodged with the Constitutional Court prior to the coming into force of this Act.
For a petition under the preceding Paragraph, where the legal provisions applied to the underlying final court decision are declared unconstitutional and voided by a judgment of the Constitutional Court, the petitioner may seek judicial remedies for the underlying case through proceedings as provided for by the law or in accordance with the ratio decidendi of the relevant judgment of the Constitutional Court. If the underlying final court decision is on a criminal case, the Attorney General shall, on her or his own motion, file an extraordinary appeal in respect of such decisions.
For a petition under Paragraph 1, the period from the date on which it was lodged with the Constitutional Court to the date on which the judgment of the petition is served on the petitioner will not count towards the calculation of the peremptory period of time for the retrial proceedings.
Article 92
(Transitional Rules on the Peremptory Period of the Pre-Commencement Pending Cases)
No petition concerning the constitutionality of final court decisions as provided for by Article 59, Paragraph 1 is permissible if the service of the relevant court decision is made prior to the coming into force of this Act. Notwithstanding, where the relevant final court decision adopts opinions of any Grand Chamber of the Supreme Court or the Supreme Administrative Court, a petition may be lodged within six months after the coming into force of this Act.
For petitions under Article 59, Paragraph 1 concerning the constitutionality of laws and those under Article 83, Paragraph 1, the peremptory period of six months will run from the effective date of this Act if the service of the relevant final court decision is made prior to the coming into force of this Act. The proviso to Article 90, Paragraph 1 and Article 91 shall apply mutatis mutandis to the adjudication of such petitions.
Except for final criminal decisions, no petition under the preceding Paragraph is permissible if five years or more have passed since the service of the final court decision.
For petitions lodged in accordance with Article 65, Paragraph 1, the peremptory period of six months will run on the effective date of this Act if the dispute occurs prior to the coming into force of this Act.
Article 93
(Court Dress and Seating Arrangement)
Justices, attorneys, and clerks shall wear gowns for all proceedings of the Constitutional Court.
The court dress and the seating arrangement in the courtroom shall be decided by the Judicial Yuan.
Article 94
(Management, Archiving, and Storage of the Petition and Case Files)
The Judicial Yuan shall make rules governing the management, archiving, and storage of the files of the Constitutional Court.
In cases where such files are destroyed or lost, the Law Governing Destroyed or Lost Civil and Criminal Case Files shall apply mutatis mutandis.
Article 95
(Commencement)
This Act shall come into force three years after the date of its promulgation.
The Amendments to this Act shall come into force on such date as the Judicial Yuan may, by decree, appoint.