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透过本件实例之分析,可以发现“民选”公职人员在程序保障上,正面临一种程序保障极不明确的风险。有些个案可能获得复职许可,有些则否。主管机关在程序上,也似乎不清楚自己权限之界限何在,反而看起来似乎单纯地仅以政治性的冲击考虑(同意当事人复职可能对于选举之影响)作为决定是否同意复职之基础。在实质正当法律程序之“宪法”要求下,现行法制之运作乱象,已经有必要予以纠正。
Through the analysis of the examples in this chapter, we can find that public officials who are “elected” are facing a very ambiguous risk of procedural guarantees on procedural safeguards. Some cases may obtain permission for reinstatement, while others may not. In procedural matters, the competent authority also does not seem to know what the limits of its own authority are. Instead, it seems that it simply seems to take the political impact alone (the possible influence of the resignation of the parties on the election) as the basis for deciding whether or not to agree to reinstatement. Under the “constitutional” requirement of substantive due process of law, the chaos of the existing legal system has become necessary and must be corrected.