Chapter II. General Procedural Provisions
Section 1 Parties and Advocates
Article 6
(Parties)
Reference to parties in this Act refers to petitioners and respondents in cases governed by:
(1) Chapter III (constitutionality of laws and constitutional complaints): the highest state organ, the Legislators, the court, and the person lodging a petition;
(2) Chapter IV (disputes between constitutional organs): the petitioning highest state organ and the respondent organ;
(3) Chapter V (impeachment of the President or the Vice President): the petitioning impeaching authority and the impeached;
(4) Chapter VI (dissolution of unconstitutional political parties): the petitioning authority and the respondent political party;
(5) Chapter VII (local self-government): the petitioning local self-government body or the petitioning legislative or executive authorities thereof; or
(6) Chapter VIII (uniform interpretation of statutes and regulations): the person lodging a petition.
The competent authorities in charge of the impugned laws or the authorities otherwise designated by the Constitutional Court shall be regarded as the respondent under the preceding Paragraph.
Article 7
(Appointed and Designated Petitioners)
Multiple petitioners may appoint no more than three persons among themselves as the appointed petitioners to lodge the petition on behalf of all the petitioners; provided that the withdrawal of the petition requires the consent of all the petitioners.
In a petition where there are more than ten petitioners and none is appointed to act on their behalf according to the preceding Paragraph, the Chamber may order the petitioners to make the pertinent appointment within a specified period of time. If the petitioners fail to do so within the specified period, the Chamber may make the appointment sua sponte.
When any of the appointed or designated petitioners has lost her or his capacity to represent due to death or for any other reason, the remaining appointed or designated petitioners may conduct acts of litigation on behalf of all the petitioners. When there exists no other appointed or designated petitioner, the provisions of the preceding Paragraph shall apply mutatis mutandis.
After appointed or designated petitioners are in place in a petition pending before the Constitutional Court, the rest of the petitioners shall be withdrawn from the proceeding.
Article 8
(Advocates)
Parties may appoint attorneys as their advocates. For oral argument sessions, the parties must appoint attorneys as their advocates except in cases where
(1) the parties, their representatives, or their statutory agents have the qualifications of judges, attorneys, or advocates as provided for by Paragraph 3, Subparagraph 1;
(2) the respondents are those referred to in Article 6, Paragraph 2; or
(3) the impeached has appointed defense counsels.
Each party shall appoint not more than three advocates.
A person who is not an attorney may act as an advocate if she or he holds one of the positions below:
(1) professor, associate professor or assistant professor of law; or
(2) the legal officer of a party which is a legal person under public law, an authority, or an unincorporated association under public law.
Appointment of persons who are not attorneys as set out in the preceding Paragraph as advocates requires the permission of the presiding Justice of the Constitutional Court.
In cases set out in Paragraph 1, Subparagraph 1, qualification certificates must be produced; in cases where attorneys are appointed as the advocates, the powers of attorney and the appointees' qualification certificates must be produced.
An advocate may not appoint a sub-agent.
Section 2 Disqualification of Justices
Article 9
(Grounds for Disqualification Sua Sponte)
A Justice must recuse herself or himself sua sponte from the conduct of the proceedings, where
(1) she or he, her or his spouse, former spouse, or fiance is a party to the case;
(2) she or he is or was a party's statutory agent, representative; she or he is the head or a member of the party's household, or the party's relative within the third degree of consanguinity or within the second degree of affinity;
(3) she or he has previously given evidence or acted as an expert witness in the case;
(4) she or he has previously taken part in the making of the relevant court decision or arbitration award that underlies the case;
(5) she or he has previously taken part in the petition stage of the case in her or his official capacity of the time;
(6) she or he has previously served as the advocate or the defense counsel in the case; or
(7) in the case that the relevant Justice was a practicing attorney, other colleagues of her or his law firm then served as the advocate or the defense counsel in the case.
Article 10
(Grounds for Disqualification by Motion)
A party may file a motion to disqualify a Justice with the Constitutional Court, where
(1) the relevant Justice fails to recuse herself or himself sua sponte when any of the conditions set out in the preceding Article is satisfied; or
(2) there are reasonable grounds for believing that the relevant Justice may otherwise perform her or his duties with bias.
After a party has made a motion or statement in respect of the case, she or he may not request the relevant Justice to be disqualified under Subparagraph 2 of the preceding Paragraph except where the ground for disqualification does not arise or become known to her or him until after such a motion or statement has been made.
The motion under Paragraph 1 must set out the reasons in writing.
The challenged Justice may not take part in the Constitutional Court's ruling on the motion to request her or his disqualification.
Article 11
(Disqualification by Consent)
In circumstances other than those set out in the preceding two Articles, a Justice may recuse herself or himself by the consent of a majority of all the other Justices.
Article 12
(The Total Number of the Justices in the Case of Disqualification)
A Justice who is disqualified in accordance with this Act will not count towards the total number of the incumbent Justices.
Article 13
(Disqualification of Clerks and Interpreters)
The provisions governing the disqualification of Justices shall apply mutatis mutandis to clerks and interpreters.
Section 3 Pleadings and Petitions
Article 14
(Contents of Pleadings)
Except otherwise provided in this Act, every pleading filed by a party shall include the particulars below:
(1) the name, the identification document number, and the domicile or the residence of the filing party; in the case that the filing party is a legal person, the name and the address of its office or place of business; in the case that the filing party is an authority or an unincorporated association, its name and location;
(2) the name and the domicile or the residence of the statutory agent, the representative or the administrator, where applicable, and their relationship with the filing party who is a legal person, an authority, or an unincorporated association;
(3) the name, the occupation, and the domicile or the residence of the advocate or the defense counsel, where applicable;
(4) claims;
(5) statements of fact and law;
(6) evidence necessary to prove the fact or to make a substantial preliminary showing;
(7) the titles of the annexes and the number thereof;
(8) the Constitutional Court; and
(9) the date of the pleadings being filed.
Every pleading shall be signed by the filing party, the statutory agent, the representative, and the administrator, or the advocate, where applicable, or be affixed with the seal thereof.
The Judicial Yuan shall make the rules governing the format of pleadings and the particulars therein.
The presiding Justice of the proceedings shall order a pleading not filed in the prescribed form or lacking any required particulars to be rectified within a specified period of time.
A party may file a pleading with the Constitutional Court by electronic means. The Judicial Yuan shall make the rules governing the scope, procedure, and effect of electronic filing and other relevant matters as it sees fit.
In the case that a party files a pleading electronically without compliance with the rules referred to in the preceding Paragraph, the filing is invalid.
Article 15
(Filing and Screening of Petition Briefs)
The petition brief must be filed with the Constitutional Court in writing and include the particulars as required by this Act together with relevant evidence and supporting documents.
Where any of the circumstances below arises, the Chamber may dismiss the petition under the preceding Paragraph by a unanimous order, provided that when the pleading's defect is corrigible, the presiding Justice of the relevant Chamber shall require the petitioner to rectify it within a specified period of time:
(1) the petitioner lacks the capacity to be a party;
(2) the petitioner is not legally represented by her or his statutory agent, representative, or administrator to conduct acts of litigation;
(3) the petition is lodged by an advocate who lacks the authority;
(4) the petition is lodged after the expiry of procedural time limits;
(5) the petition is lodged for matters that are explicitly excluded from petition or re-petition by this Act;
(6) the petition challenges the decisions of the Constitutional Court or the Chambers thereof; or
(7) the petition is not lodged in the prescribed form, or not in conformity with other requirements.
In the case that the petition brief does not state the grounds for adjudication, the Chamber may dismiss the petition by a unanimous order without first requiring it to be rectified.
Article 16
(Travel Time)
If a party resides outside the location of the Constitutional Court, her or his travel time will not count towards the calculation of procedural time limits unless her or his advocate resides in the location of the Constitutional Court and is able to conduct required acts of litigation within the relevant procedural time limits.
The Judicial Yuan shall make rules governing the calculation of travel time under the preceding Paragraph.
Article 17
(Reply Briefs)
Except in the case of dismissing a petition by an order, the Constitutional Court shall serve the petition brief on the respondent and may require her or him to submit a reply brief within a specified period of time.
Article 18
(Publication of Petition Briefs and Reply Briefs)
After the Constitutional Court finds a petition admissible, the petition brief and the reply brief shall be published on the Constitutional Court's website.
The petition brief and the reply brief containing matters that should be kept confidential may be published after required redaction.
The Judicial Yuan shall make the rules governing the methods of publication of the petition brief and the reply brief and the matters that shall be kept confidential.
Article 19
(Summons of Parties, Interested Persons, and Experts)
As is required by the case, the Constitutional Court may, on its own motion or the party's motion, summon the parties and the interested persons to appear in court to give their opinions. The Court may also solicit expert opinion or information on relevant issues from appointed experts, scholars, authorities or associations.
The Constitutional Court shall serve the persons referred to in the preceding Paragraph with the summons and the notice of designation.
The persons or associations other than the parties and interested persons who are solicited to submit expert opinion or information under Paragraph 1 shall reveal the information below:
(1) whether they have collaborated with the parties, interested persons, or their agents on the preparation or submission of the solicited expert opinion or information;
(2) whether they have received remuneration or other forms of financial assistance from the parties, interested persons, or their agents in the preparation or submission of the solicited expert opinion and information; if so, the value or amounts thereof received; and
(3) the personal details of those who have offered them remuneration or other forms of financial support and the value or amounts thereof received.
Article 20
(Amici Curiae)
Any person, authority, or association, other than the parties, who considers herself or himself having an interest in a case pending before the Constitutional Court, may make a motion to the Court, subject to its permission by an order, for the submission of expert opinion or information to be considered within the period of time prescribed by the Constitutional Court.
The motion under the preceding Paragraph must set out the interests concerned in writing.
Paragraph 3 of the preceding Article shall apply mutatis mutandis when a third-party person or association submit expert opinion or information as permitted by a court order.
A third-party person, authority, or association who is permitted by a court order to submit expert opinion or information must appoint an agent. The provisions of Article 8 shall govern the qualifications and number of such agents.
As is required by the case to summon those permitted third-party persons, authorities, or associations to appear in court, the Constitutional Court shall serve them with the summons.
In the case that the expert opinion or information submitted by the person, authority or association under in Paragraph 1 is cited by a party, it shall be regarded as the citing party's own statement.
Article 21
(Time and Conditions for Petition Withdrawal)
A petitioner may, prior to the announcement or publication of the decision, withdraw the petition in whole or in part; provided that such a withdrawal is subject to the permission of the Constitutional Court where the petition concerns principles of constitutional significance.
If the oral argument session has been held in a case where a respondent exists, the withdrawal referred in the preceding Paragraph requires the consent of the respondent.
The withdrawal of a petition must be made in writing. Notwithstanding, it may be made orally at the oral argument session and recorded in the transcript.
In the case that the withdrawal is made orally in accordance with the preceding Paragraph, the transcript shall be served on the respondent if she or he fails to appear at the oral argument session.
The respondent is deemed to have agreed to the withdrawal if she or he does not enter a demurrer within ten days, from the date of the oral argument session where the respondent appeared but failed to express their agreement or disagreement, or, from the date of the service of the transcripts where the respondent fails to appear at the oral argument session, or, from the date of the withdrawal pleadings where the withdrawal is made in writing.
The petitioner may not re-lodge a petition which has been withdrawn.
Article 22
(Fees)
Proceedings before the Constitutional Court are free of charge.
Article 23
(Access to the Court Documents)
Parties, advocates, and defense counsels may apply for reading, transcribing, photocopying, or photographing the documents included in the dossier, or request a duplicate copy thereof with fees paid in advance.
A third party may lodge the application referred to in the preceding Paragraph either with the parties' consent, or by a substantial preliminary showing of her or him being an legal interested person.
The applications set out in the preceding two Paragraphs shall be approved by an order of the respective Chamber.
The Judicial Yuan shall make the rules governing the access to the Court documents and its fee schedule.
Section 4 Oral Argument
Article 24
(Consolidation and Division of Proceedings)
The Constitutional Court may consolidate multiple petitions into a joint case and render a single decision for all the consolidated petitions. Notwithstanding, the Constitutional Court must consolidate all the cases having been ruled as admissible into a joint case if the underlying petitions concern the same impugned laws or disputes.
The Constitutional Court may divide multiple claims brought forward in a petition and hear or decide each claim separately.
Article 25
(Types of Cases Requiring Oral Argument)
The cases referred to in Chapters 5 and 6 shall be decided after oral argument.
Judgments may be rendered without oral argument in cases other than those referred to in the preceding Paragraph.
Article 26
(Principle of Immediacy)
In an oral argument session there must be at least two-thirds of the total number of the incumbent Justices present. Justices not present in the oral argument session may not participate in the deliberation on and the making of a decision.
The Constitutional Court must pronounce its decision within three months after the closing of oral argument. The time limit for pronouncement may be extended by two months when necessary.
Article 27
(Open Court)
Oral arguments shall be held in open court sessions and be broadcast by appropriate methods. In cases where an oral argument in open court may have negative effect on national security, public order or good morals, or may cause serious damage to an individual's life, body, privacy or trade secret, it may be held in private and the requirement for broadcasting may be waived.
The Judicial Yuan shall make the rules governing public attendance in oral argument sessions of the Constitutional Court, the audio and video recordings of oral arguments, and their use and storage.
Article 28
(Oral Argument Summons and the Result of Failure to Appear in Court)
The Constitutional Court shall summon the parties, their advocates and interested persons, where applicable, to appear in oral argument sessions.
Except otherwise provided in this Act, the Constitutional Court may render a judgment, regardless, if the advocate or the unrepresented party as permitted by Article 8 fails to appear in court without a good reason.
Article 29
(Transcripts of Oral Arguments)
The Constitutional Court shall produce oral argument transcripts.
Section 5 Decisions
Article 30
(General Rules on Vote Threshold for Judgments)
Except otherwise provided in this Act, a judgment shall be rendered by a majority of the total number of the incumbent Justices of the Constitutional Court with a quorum of two-thirds of the total number of the incumbent Justices thereof taking part in the proceedings.
Article 31
(General Rules on Vote Threshold for Orders)
Except otherwise provided in this Act, an order shall be rendered by a majority of the Justices who have taken part in the proceedings with a quorum of a majority of the total number of the incumbent Justices of the Constitutional Court taking part in the proceedings.
Except otherwise provided in this Act, an order rendered by a Chamber requires the consent of a majority of the members thereof.
Article 32
(General Rules on Vote Threshold for Admissibility)
Any inadmissible or manifestly unfounded petition shall be dismissed by an order of the Constitutional Court.
Except otherwise provided in this Act, an order that grants admission to a petition requires the consent of a majority of the Justices who have taken part in the proceedings with a quorum of two-thirds of the total number of the incumbent Justices of the Constitutional Court taking part in the proceedings. Failing the required majority, the petition shall be dismissed by an order.
A dismissal order must give reasons and indicate the names of Justices taking part in the rendering of the order and their concurring or dissenting opinions where applicable.
Article 33
(Contents of Judgments)
A judgment shall be in writing and include the particulars below:
(1) the names and the domiciles or the residences of all the parties; in the case that the parties include a legal person, the name and the address of its office or place of business; in the case that the parties include an authority or an unincorporated association, its name and location;
(2) the name and the domicile or the residence of the statutory agent, the representative and the administrator, where applicable, and the their relationship with a legal person, an authority, or an unincorporated association;
(3) the name and the domicile or the residence of the advocate or the defense counsel, where applicable;
(4) the subject matter;
(5) the holding;
(6) the reasoning;
(7) the date of the judgment being rendered; and
(8) the Constitutional Court.
A judgment shall indicate the names of the Justices taking part in its rendering, include their concurring and dissenting opinions, and identify the Justice who authors the opinion of the court.
In the holding of a judgment, the Constitutional Court may designate the relevant authority to implement the judgment and specify the types and methods of implementation.
Under the reasoning part are to be included the gist of the parties' statements, the grounds of admissibility and the legal reasoning underlying the holding.
Article 34
(Application Mutatis Mutandis of Judgments to Orders)
Paragraphs 1 and 3 of the preceding Article shall apply mutatis mutandis to an order.
Except otherwise provided in this Act, an order may be rendered without giving reasons.
Article 35
(Types of Opinions)
A Justice who agrees with the holding of a decision but is not fully satisfied with its reasoning may issue a concurring opinion.
A Justice who, in deliberations on the case, has expressed disagreement with the holding of a decision in part or in whole, may issue an opinion dissenting in part or in whole.
Article 36
(Pronouncement, Publication, and Service of Decisions)
A judgment rendered with oral argument must be pronounced in public. A judgment rendered without oral argument must be published.
An order rendered with oral argument shall be pronounced in public. An order which concludes the proceedings shall be published.
Original copies of a decision shall be served on the parties and the designated implementation authority; provided that a dismissal order shall be served on the petitioner only.
The Constitutional Court shall publish and serve the concurring and dissenting opinions together with the decision.
Article 37
(Effective Date of Decisions)
A decision shall take effect on the date of pronouncement or publication.
An order which is not pronounced or published shall take effect on the date of service.
Article 38
(Erga Omnes Effect of Decisions)
A judgment shall be binding on all the authorities and the people. Every authority has an obligation to implement the judgment.
The preceding Paragraph shall apply mutatis mutandis to an order on the merits by the Constitutional Court.
Article 39
(Finality of Decisions)
Decisions of the Constitutional Court and the Chambers thereof are non-appealable.
Article 40
(Res Judicata)
A party shall not re-petition the same case in respect of which the Constitutional Court has rendered a judgment or an order on the merits.
Article 41
(Binding Effect of Judgments on Unconsolidated Relevant Cases)
The Constitutional Court shall declare by an order that the judgments of the cases under Chapters 3, 4, 7 and 8 shall have effect in respect of other petitions challenging the same impugned laws or arising from the same disputes but not being heard together in a joint oral argument session, provided that those other petitions have been lodged with the Constitutional Court prior to the pronouncement or publication of the judgments and satisfied the admissibility requirements.
The procedural provisions governing constitutional interpretation and those governing uniform interpretation of statutes and regulations specified in Articles 32 and 87, respectively, shall apply mutatis mutandis to the rendering of the order referred to in the preceding Paragraph; such an order must be given reasons.
The provisions of the preceding two Paragraphs do not apply to the cases governed by Articles 59 and 83.
Article 42
(Petition for Rehearing)
For cases concerning constitutionality of laws or disputes between constitutional organs, except as provided in Paragraphs 2 or 3 of this Article, no one shall lodge a petition in respect of the same impugned laws or disputes that have been previously declared short of unconstitutionality or otherwise decided pursuant to the Constitution in a Judicial Yuan Interpretation or a judgment of the Constitutional Court.
All courts, persons, or the legislative or executive authorities of the local self-government bodies may, in accordance with the procedural provisions of Chapters 3 or 7, lodge a petition to request the Constitutional Court to alter a Judicial Yuan Interpretation or a judgment of the Constitutional Court by which a legal provision has been previously declared not unconstitutional, if they consider that the amendment of the Constitution or relevant laws or material changes in social circumstances necessitates the reconsideration of such interpretations or judgments.
Under the conditions specified in the preceding Paragraph, the highest organs of the state may lodge a petition to request the Constitutional Court to alter such Judicial Yuan Interpretations or judgments of the Constitutional Court concerning disputes between constitutional organs in accordance with the procedural provisions of Chapter 4.
Article 43
(Preliminary Injunction)
As is required to prevent the basic rights protected under the Constitution and public interest from being irreparably and materially impaired, a preliminary injunction order, as the last resort, may be rendered by the Constitutional Court, on its own motion or the party's, in respect of the underlying disputes, the application of the impugned legal provision, or the enforcement of the impugned court decision that underlies the petition, inter alia, while the petition is pending before the Constitutional Court.
Prior to rendering the order referred to in the preceding Paragraph, the Constitutional Court may give the parties or the interested persons the opportunity to state opinions or conduct the necessary investigations on its own.
A preliminary injunction order shall be rendered by a majority of the total number of the incumbent Justices of the Constitutional Court with a quorum of two-thirds of the total number of the incumbent Justices thereof taking part in the proceedings and shall give reasons.
A preliminary injunction will cease to have effect, where
(1) the final decision of the case has been rendered;
(2) over six months have elapsed since its issue; or
(3) the Constitutional Court has revoked the preliminary injunction order due to changes in circumstances or other special reasons in accordance with the procedural provision of the preceding Paragraph.
Article 44
(Confidentiality)
The deliberation of the Constitutional Court must remain confidential.
Section 6 Provisions Applicable Mutatis Mutandis
Article 45
(Application mutatis mutandis of the Code of Criminal Procedure and the Statute for Directing the Judicial Police)
In respect of the cases under Chapters 5 and 6, the Constitutional Court may issue orders of search or seizure when necessary, and may request the relevant district court or direct the judicial police to enforce such orders.
The relevant provisions of the Code of Criminal Procedure and the Statute for Directing the Judicial Police shall apply mutatis mutandis to the procedures set out in the preceding Paragraph.
Article 46
(Application mutatis mutandis of the Administrative Litigation Act)
Except otherwise provided in this Act or the Rules of the Constitutional Court, the provisions of the Administrative Litigation Act, to the extent that they are not incompatible with this Act, shall apply mutatis mutandis.