2021-11-29

Amendment to Court Organization Act Concerning Jurisdictional Controversies between Courts

Taiwan’s Legislative Yuan passed an amendment to the Court Organization Act on 23 November 2021.  The amendment primarily brings the Court Organization Act to in line with the Constitutional Court Procedure Act, which is expected to be enacted in 2022.
 
According to the current Codes of Civil Procedure and Administrative Procedure, jurisdictional controversies between different courts will be resolved by unified interpretations issued by the Constitutional Court.  However, as the Code of Constitutional Procedure will be implemented on 4 January 2022, and as the provisions for unified interpretations regarding jurisdictional controversies have been removed from the coming Code of Constitutional Procedure, it is thus necessary to amend the Court Organization Act to stipulate that the Supreme Court is the final arbiter of jurisdictional controversies.
 
The key points of the amendment include a stipulation that the Supreme Court will decide as to the competent court having proper jurisdiction over a matter, and said designated court will not further transfer the case to another court.  Additionally, in order to avoid repeated reviews of jurisdictional controversies by the higher court, if the designated court has made a decision (judgement/ruling), the higher court will not reverse the decision on the grounds of a lack of jurisdiction.
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