Control Yuan Clarifies Investigation Powers Remain Valid Despite Commissioner Vacancies

The Control Yuan responded today to external doubts regarding its administrative procedures, pointing out that even when Control Members are vacant or during transition periods, internal staff may still issue official letters to initiate investigations into reported cases in accordance with regulations. It is not an absolute prohibition stating that "letters cannot be issued without members." The Control Yuan emphasized that, based on the supervisory power vested by the Constitution and the provisions of the Four Sunshine Laws, the Yuan's primary mission is to ensure the transparency of public authority and that it remains subject to supervision. Any complaint involving the public interest should initiate fact-clarification procedures at the earliest opportunity to prevent supervisory loopholes caused by personnel vacancies.

According to the Organic Act of the Control Yuan and related administrative regulations, the staff units of the Control Yuan are responsible for accepting complaints from the public or agencies and may initially request relevant units to provide information or explanations via official documents. This procedure constitutes a preliminary measure of "prior investigation," aiming to quickly grasp the factual context and lay the foundation for subsequent formal investigations or impeachment procedures. Even when Control Memberships are temporarily vacant, the staff remain bound by administrative regulations to exercise this authority in accordance with the law, ensuring that supervisory functions are not interrupted by personnel changes. The Control Yuan noted that it has previously completed multiple investigations during member transition periods, demonstrating the continuity and stability of the system.

This statement contrasts sharply with recent media reports interpreting that "with Control Members absent, the Control Yuan is unable to issue official letters." Some reports conflate the administrative actions of the Control Yuan with the tenure qualifications of Control Members, ignoring the Yuan's independent administrative system as the enforcement agency for the Four Sunshine Laws. The Four Sunshine Laws—which include the Act on Property Declaration by Public Servants, the Government Procurement Act, the Act on Recusal of Public Servants Due to Conflicts of Interest, and the Freedom of Government Information Act—all require government agencies to maintain information transparency and procedural justice in the performance of their duties. As a key supervisor among them, the investigation authority of the Control Yuan's staff is a concrete manifestation of the spirit of these regulations.

From a systemic perspective, this operational mechanism of the Control Yuan helps prevent supervisory vacuums from becoming opportunities for illicit behavior. Halting all administrative actions merely due to the absence of members would weaken the separation of powers and checks-and-balances functions designed by the Constitution, and could even lead the public to lose trust in the supervisory agency. Historically, the Control Yuan has faced external questioning due to personnel changes, but through clear internal regulations, it has continuously maintained its responses to complaints against administrative agencies and factual verification, demonstrating the resilience and flexibility of the system.

Finally, this response also reminds all sectors to pay attention to the differences between legal provisions and practical operations when interpreting reports related to the Control Yuan, avoiding misunderstandings caused by information asymmetry. The Control Yuan stated that it will continue to enhance information transparency in the future, allowing the public to understand every step of the supervisory procedures and ensuring that the use of public resources and power is consistently and effectively supervised.