The Knesset (Israeli Parliament) approved this morning a law that shields Prime Minister Benjamin Netanyahu of the possibility of being challenged or declared unfit to perform the functions of his position, while he has an open trial for various charges of corruption.
The law passed its third and final reading first thing in the morning after an all-night plenary session with 61 votes in favor, compared to 47 against, after long and heated discussions.
The norm is part of the controversial judicial reform promoted by the Netanyahu government that has provoked a wide social response with massive protests across the country that last for almost three months, and that is seen as a threat to democracy by reducing the independence of Justice and subtracting the supervisory powers of the Supreme Court.
The opposition presented numerous objections to that legislationwhich was processed in an accelerated manner, and is considered “tailor-made” to protect Netanyahu, who faces serious legal problems with three open cases for fraud, bribery and breach of trust, which he denies.
Prevent Netanhayu from being forced to resign
The legislation explicitly prevents the Supreme Court from ordering a prime minister to take a “leave of absence”, a reaction to fears that the court could force Netanyahu to resign over conflict of interestbeing the leader of a government coalition that promotes drastic judicial reform while facing various charges of corruption.
According to the new recusal law, only a three-quarters majority of the votes of government ministers, followed by ratification by the same percentage of MPs (at least 90 MPs), can force a prime minister to take temporary leave, and only for reasons of mental or physical health.
The opposition leader, the centrist Yair Lapid, criticized the approval of the law and the members of the coalition, whom he accused of behave like “thieves in the night” that they “passed a personal, obscene and corrupt law against an unfounded rumor about a possible recusal”.
According to an agreement reached with the Prosecutor’s Office in 2020, in full judicial process, Netanyahu cannot be involved from the political sphere in legislation that affects justice, and therefore cannot promote or vote on the laws that make up judicial reform.
Unconfirmed information, and later denied by the Prosecutor’s Office, indicated in February that the State Attorney General, Gali Baharav-Miara -a vocal critic of the judicial reform- was considering ordering the recusal of the prime minister when there is a conflict of interest between the reform plan promoted by his government and his open cases in the courts.
The reform also seeks to give full control to the Government over the appointment of judges, including those of the Supreme, which could have a direct impact on a possible appeal of the verdict of your ongoing trial; in addition to including a controversial “annulment clause” that would allow Parliament to reverse Supreme Court rulings or even shield laws so that they cannot be submitted to the constitutionality review of that court.