2023-08-02 13:41:31
Last update: 02.08.2023 | 14:41
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The legal adviser of the Knesset, attorney Sagit Afik, in an unusual statement regarding the position of the legal adviser to the government Gali Bahara-Miara regarding the fortification law that will be held in its case tomorrow (Thursday), according to which Baharab-Miara’s position is precedential and that “the precedents of the legal adviser’s position cannot be overstated to the government”.
The Quarantine Law was passed in second and third reading last March, and is intended to protect Prime Minister Binyamin Netanyahu from petitions seeking to remove him to quarantine in light of the ongoing trial in his case, as submitted last month by the Movement for the Quality of Government. The law says that removal to confinement will only be done in the event that the Prime Minister announces by himself that he is physically or mentally unable to fulfill his role, or in the event that 75% of the members of the government request that the Prime Minister be removed to confinement against his will, and then the request will be put to a vote in the Knesset – where an 80% majority will be required “Kim to the move.
Beharev-Miara’s position is that the Israel Defense Law is a personal law designed to help Netanyahu in his personal affairs, when she refers to the trial in his case. She added in her position to the debate that will be held tomorrow that the members of the Knesset are abusing the ease with which a basic law can be amended to “abuse the constituent authority of the Knesset”.
Afik noted that the court has never annulled a basic law, and the government ombudsman is seeking to do so for the first time, and that the fact that the ombudsman is asking the High Court to annul the law is a precedent. The position she filed at the High Court in January 2023.
Afik wrote these things in a document she submitted to the Supreme Court today, requesting to allow the Knesset to express its position during and even after the debate, and criticized Beharve-Miara for presenting her position separately and without the Knesset’s position.
Afik clarified in the document that “in the opinion of the Knesset, the petition should be rejected, and this is to allow the submission of a written answer that will address all the relevant questions.”
MK Oded Porer (Yisrael Beitenu), one of the petitioners against the law, said before the hearing of the petition: “The law of fortifications is due to be invalidated an hour earlier. This is a personal law that was enacted in accordance with Netanyahu’s paranoia. Just last week we witnessed a ridiculous situation that was created as a result of the enactment of the law of fortifications , when the Prime Minister, who needed treatment, could not go to the fortresses due to the law that was passed. Thus the State of Israel was left for hours without a legal Prime Minister in practice. I am sure that the court will reject this delusional law.”
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