Attorney General Ghali Baharaw-Miara came out against a bill on Sunday that would sharply narrow the circumstances under which a prime minister’s disbarment could be ordered, warning the proposal created a legal “black hole”. Will give
Despite opposition by the attorney general’s office, the ministerial committee for legislation voted to endorse the measure, setting it up for an expected preliminary reading in the Knesset on Wednesday.
The bill was put forward last week by a member of Prime Minister Benjamin Netanyahu’s Likud party as the High Court reviewed a petition seeking to disqualify the premier from office. It also follows media reports – since denied – that Baharaw-Miara was considering forcing the premier to take a leave of absence.
In a legal opinion sent to the government, a representative of Baharav-Miara said that there are grounds for clearly defining when a sitting prime minister can be deposed, citing several issues with Likud MK Ofir Katz’s bill. Are.
Deputy Attorney Gil Limon wrote, “While replacing existing law, which recognizes other possible conditions, the mere lack of physical or mental fitness is tantamount to mitigating circumstances.”
Limón warned that the proposal could create a scenario in which a prime minister objectively unable to continue serving remains in office due to “political constraints” but has no legal recourse. He also said it would create a legal “black hole” by isolating a premier’s case from judicial review.
“We believe that combining the components of the Bill together could lead to an absurd situation in which a prime minister continues to play a role despite lacking the ability to do so … It is not possible to remove him for political reasons and the court does not have the jurisdiction to grant appropriate relief,” he said.
Deputy Attorney General Gil Limon, August 2, 2021 (courtesy Gideon Sharon)
Currently, Israeli law does not provide a clear legal mechanism for the Attorney General to depose the Prime Minister. Article 16 of the Basic Law: The government discusses what happens when a prime minister is temporarily unable to perform his duties, stating that a deputy prime minister takes his place during that time, but it Seen as health concerns for the most part. , No conflict of interest.
In 2008, however, the High Court entertained the idea that Article 16 might relate to legal issues faced by the prime minister, when in a petition to the court the then prime minister at the time, Ehud, was allowed to use the attorney. The general was asked to give orders. OImert due to an ongoing criminal investigation against him. The High Court said it was willing to accept that Article 16 was not limited to health matters, and that criminal investigation was a significant problem for the Prime Minister, but said it could only be set aside in rare and exceptional circumstances , and therefore dismissed the petition.
Under Katz’s bill, which would amend the “Basic Law: Government”, only the prime minister or cabinet, with a 75 percent majority, could declare the prime minister unfit for office – and then only for his or her mental or physical reasons. health from Following a cabinet vote to remove the prime minister, the Knesset speaker will bring the matter to parliament, which can approve the impeachment with a majority of 90 MKs.
Earlier this month, the Movement for Quality Government in Israel petitioned the court saying that Netanyahu should be removed, citing his government’s efforts to fundamentally change the judiciary and arguing that Netanyahu is violating the conflict of interest regime that prevents him from being involved in affairs. may affect his ongoing trial on corruption charges.
As a preliminary step, the court asked the government to respond to the allegations.
Under that 2020 agreement, Netanyahu cannot be involved in any matter that affects witnesses or other defendants in his ongoing corruption trial, or in legislation that affects legal proceedings against him.
Regarding an in-principle order seeking Netanyahu’s removal, Katz, the coalition’s whip, said it “cannot be allowed in a democratic state for a legal opinion that has no basis in law.” “A dramatic move such as the forcible removal of a serving and working prime minister should be determined by the people’s representatives alone”, without the involvement of a non-elected body such as the High Court.
Likud MK Ofir Katz leads a committee meeting in the Knesset on February 12, 2023. (Jonathan Sindel/Flash90)
Coalition leaders have twice expressed indignation and warned that a possible coup is imminent – first after media reports on the attorney general seriously weighing such a declaration, and then after a court was asked to respond to a petition by the government. . Movement for Quality Government.
Netanyahu is on trial in three corruption cases on charges of fraud and breach of trust, as well as bribery in one of them. He denies wrongdoing and claims without evidence that the charges were fabricated in a political coup attempt led by police, state prosecutors, the media and left-wing rivals.
Netanyahu’s new government is in the midst of pushing controversial legislation that would seriously weaken the judiciary. The proposed overhaul by Justice Minister Yariv Levin would significantly limit the High Court of Justice’s power of judicial review of the law; allow the Knesset to re-enact laws if the court nullifies them; giving the government control over judicial appointments; and turn the ministry’s legal advisers into political appointees, making their advice non-binding.
