Evaluating Impact of Forbidden Behaviors in Civil Service Administrative Neutrality Act on Civil Servants’ Fundamental Rights and Interests
Chuan-Fa Lin*
Abstract
The Civil Service Administrative Neutrality Act was proclaimed and implemented on June 10, 2009, marking a milestone for Taiwan’s administrative neutrality. The act was enacted on the principle of ensuring lawful administration, just execution, administrative neutrality, and adequate regulations on the involvement in political activities. The main purpose is to prevent civil servants from taking sides in political parties and interfering in political troubles. As a result, civil servants would be able to serve the people, and the performance of the government administration will be enhanced.
According to the Civil Service Administrative Neutrality Act, civil servants shall not participate in political activities during off-duty hours. The Department of Personnel Planning and Regulations, Ministry of Civil Service explains that the prohibition does not violate the constitutional freedom of speech, or harm the rights and interests of civil servants. For the reason it merely prohibits civil servants from participating in political activities or display such behaviors for political parties, groups, or public office candidates that the civil servants support or oppose. For example, they are banned from showing support during election campaigns or demonstrations, and from soliciting votes for public office candidates. On the other hand, civil servants are also members of the general public during their off-duty hours. Therefore, their basic rights, moral integrity rights, and human dignity in the constitution should be considered. As a result, at the time of explaining or amending Civil Service Administrative Neutrality Act, civil servants’ fundamental rights should be respected and taken into serious consideration.
Keywords:fundamental rights, Civil Service Administrative Neutrality Act, human dignity, moral integrity rights, political groups