THE NATURE AND OPERATION OF THE INDEPENDENT AGENCIES IN THE EXECUTIVE YUAN

The “independent agency” has become legal term since the promulgation of the Organic Standard Act of the Central Administrative Agencies in 2004. Operations of the Financial Supervisory Commission (the FSC) and the Central Bank of the ROC (Taiwan) (the CBT), under the rapid flow of international fund and the wave of the globalization, and especially the impact of financial tsunami and European debt crisis during the past 6 years, proved that the tasks of the two agencies need to be carried out independently. However the requirement of rapid formation and decision of policies to be in the state’s interests further suggests the structure of the said agencies should be ministerial system.
Taiwan’s telecommunications and broadcasting industries faced fierce competition by the transnational corporations after the deregulation and liberalization of relevant markets. Under the circumstances of liberalization, privatization, and internationalization, the National Communications Commission (the NCC) has to maintain market mechanism, prevent the domestic market been dictated by transnational corporations or certain groups, protect the development of domestic industries, and to make pilot projects for domestic communications market in view of national interests. The NCC is therefore somewhat like the FSC in regards to the nature of tasks and policy influence. Both agencies deal with issues arising from technology convergence and emphasize regulation of them.
Observations from target groups indicated that, the tasks of the CBT, the FSC, and the NCC (the three agencies), not like those of the Central Election Commission and the Fair Trade Commission, are not specific and clear. Due to their unique nature of operations, the three agencies should be classified as administrative agencies with special expertise and not necessarily designed as independent agencies.