Premier Wu Den-yih (吳敦義) yesterday threw his support behind the Central Taiwan Science Park Development Office’s decision that companies at its Phase 3 Zone be allowed to continue operating despite a court ruling demanding the suspension of development projects.
Wu rebutted criticisms that the government was setting a bad example by disobeying a court order and that this could result in a constitutional crisis.
Saying his decision was based on the Judicial Yuan’s Interpretation No. 589, which highlights the importance of the “principle of legitimate expectations,” Wu said this principle forms part of the fundamental law that governs the country.
“It would be a constitutional crisis if the principle of legitimate expectations was not upheld,” he said.
Interpretation No. 589 was issued by the Council of Grand Justices on Jan. 28, 2005, to settle a dispute on the constitutionality of Article 10 of the Act Governing the Recompense for the Discharge of Special Political Appointees (政務人員退職撫卹條例), which stipulates that political appointees with a defined term of office in independent institutions can only choose a lump sum pension instead of a monthly pension.
“After the promulgation and implementation of an administrative regulation, if the authority that instituted or promulgated the regulation amends or repeals the regulation according to legal procedure, it should also take into account the protection of the legitimate expectations of the regulated party,” the interpretation says.
“If the regulated party has apparently acted objectively in response to the facts constituting the legitimate reliance during the period of the implementation of the regulation, thus creating the basis of reliance, and the party has the benefit that is worthy of protection, the party should then be protected by the principle of legitimate expectation,” it says.
The Taipei High Administrative Court on July 30 ordered a halt to the expansion projects at the science park’s Phase 3 Zone in Taichung County’s Houli Township (后里), citing its failure to complete an environmental impact assessment.
AU Optronics has an 8th-generation (8G) fab operating at the site, and another 8G fab that is currently undergoing equipment installation. Sunner Solar Co has also begun operations.
The Environmental Protection Administration and the National Science Council, the administrative agencies that oversee development projects at the science park, on Monday filed an appeal against the ruling on Houli Township and another appeal against the ruling on the science park’s Phase 4 Zone in Changhua County’s Erlin Township (二林).
On Tuesday, the government agencies decided to suspend public infrastructure work at the site, but said the two firms in the Phase 3 Zone could continue operating.
Wu said the decision was also based on the general legal principle in which bona fide third parties — in this case, AU Optronics and Sunner Solar — should be exempt from court rulings.
This principle, which protects the operations of third parties from being suspended because of court rulings, supports the government’s decision, and should remove doubts that the decision might shake public confidence in the administration.
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