Lawyers explain their position on the effort to pass a law that would prevent Netanyahu from forming a government because of the charges against him • "It is not understood that after the elections, the rules will change"

• Promoting initiative, Gantz and Tibi // Photo: Gideon Markovich

Today, a number of Knesset members have passed a law that would prevent me from being indicted, being appointed prime minister in Israel or preventing the president from imposing the appointment on such a person. We asked legal and state experts in their opinion on the issue. The experts believed that there was a problem with such legislation because it was personal and because it willingly harmed a large part of the public and democratic freedom.

A number of Knesset members on the left announced Wednesday a legislative initiative whereby a person standing against him cannot be appointed prime minister in Israel and the president will not be able to impose such a job on the government.

Ask law and judicial experts about the distance between the war on government corruption and personal legislation, the democratic aspect of such legislation, and is it a step in the Yao problem, rather, a necessary legislative completion, which even the Prime Minister previously supported?

"The End of Democracy"

Professor Avi Bell, Professor of Law Faculty at Bar-Ilan University and the University of San Diego, and a senior member of a community forum, believes that this is a bill that will hurt Israel's legal institutions, intensify their politicization and harm the state.

"In the event that this proposal is retroactive," he says, changing the rules of the political game after they have already materialized, then it is the end of Israeli democracy. It is not perceived that after the elections will change the rules.

"But even if the intention is for the next system, here the Attorney General can be given power to determine who can run for prime minister and who is not, it will give more power to the legal system in the country and to the legal authorities that already have politicization and it will seriously hurt them. I think this is a very bad law." .

"Democratic Law"

Professor Emmanuel Gross, Professor Emeritus at the University of Haifa's Law Faculty, points out that this is a basic law and therefore it should first be passed by a majority of 61. However, he notes that such a law is democratic, although it will often be contrary to the majority's opinion.

"First of all, as a fair disclosure, I believe that MK is being charged with her in the past and that she should not be disgraced for being appointed neither a minister nor a prime minister. In fact today since Prime Minister Sharon's term, an amendment has been made to the law that exempts this Prime Minister. Therefore, in principle, it is possible today to impose a government train on such a person. "

"If the Knesset convenes and swears and is in a hurry to pass such a law on reality at the moment, it will be an interesting question as to what prevails, the election or the law. In any case, it is a complicated law that requires 61 in every reading, and so I find it difficult to see such a law passing the elections at the moment. This is a proper democratic law. True, the majority wants a person, but democracy is not just the rule of the majority but certain rules of the game, "Gross emphasizes.

"There is a tension here between the two Knesset institutions - the sovereign and the court and the rules of the law. So far, the High Court has always shouted that he was an activist and, in the past, in a law which stated that Deri and Parshi could not act as ministers or as deputy ministers, the court was activist. Here, ironically, the opposite is true. Knesset activists and those who want to defend themselves are the ones who have always wanted to strengthen the Knesset at the expense of the High Court. This is the irony of reality. In any case, in my opinion, if such a law is enacted, especially if below, and perhaps retroactively, then it will be difficult to repeal in the High Court Completely legal and constitutional, ”Gross adds.

Personal and Political Law

Judge Professor Oded Modric, a professor at Ariel University, a retired judge, former vice president of the Tel Aviv District Court, believes that this is a significant violation of the voters' will, who voted for a certain candidate in the expectation that he would form the government.

"There are some problems here, if it is a retroactive law, then it is a personal law intended for one person, that is, the prime minister and it is undesirable. Beyond that, it is a change in the rules of the democratic game in retrospect against public opinion," Modrick argued.

"But even in the realm of legislation going forward, unlike the minister or deputy minister, who is the prime minister's choice, the prime minister himself chooses the people by trusting him and therefore there is blatant and undesirable intervention by the will of a large percentage of the public. You will convene and swear that although it is an undesirable law it can be legislated but there is no difference at all between such a law and the French law, or the cessation of the increase, "said Modric.

"These are basically political laws. There is no unequivocal position here. The law can be justified as opposed to it, only that it is political legislation and therefore somewhat undesirable. Either way, lawmakers will have to establish a position on what a crime is, because not every offense will be part of such a law. They will have to elaborate what is and what is not and that will somewhat restrict the legislators, ”adds Modric.

The prime minister was deliberately killed

Professor Asher Cohen, a senior lecturer in political science at Bar-Ilan University, who is the head of the School of Communication, believes that such a law will not and will not pass in Israel.

Cohen argues that the law lacks real feasibility: "First, in the current Knesset, there will be no such law because it is illegitimate, it is a Knesset. Therefore, it is just an invention, a blossoming of content without any basis. Even the Knesset's legal adviser told the initiative that there is no such thing and ".

"Towards the future, well, the law deliberately exempts a prime minister and gives the public the power to choose who he wants. Anyway, such legislation for the future, since it will be convened in the next Knesset after being sworn in, is an initiative that needs to be carefully examined and cannot be passed as of today." Only, "Cohen states.

"Once a man suspected of him looked down"

A very senior retired legal officer who held very senior key positions in the Israeli legal system expresses deep sorrow at the reality today and where it is coming from.

"Unfortunately, because I operated in the system in sensitive and senior positions for many years. I will not express my name but I regret two things, the rift in the people and the very idea that a person with indictments raises his head and acts like this," says the source.

"Regarding the rupture in the people, there were once the Irgun, the Lehi and the defense and there were very fierce disputes. Nevertheless, at the end of the day people knew how to continue together. Today, unfortunately, the feeling is of a deep rupture, a frightening rupture," the cause cries.

"This is what I say about the fact that the two big parties are unable to sit together. I do not believe that such a law needs a law of common sense. Once a person who was against suspicion would look humiliated, how we came to such a person walking proudly in the street. "The factor concludes.