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Not a political circus, but a legitimate procedure

2020-01-19T21:31:06.274Z


Yossi Beilin


The right has been arguing for years that the court abducted the decision-making role of elected officials, sorted out their decisions, and repealed laws since the 1992 Basic Laws (Freedom of Occupation and Human Dignity and Liberty). The basic argument is that the substantive decisions must be made in the Knesset, and that it is not the job of the court, which is not elected in a democratic election, to decide political and other matters. Now this argument (mistaken, in my opinion, in all respects) is also joined by hypocrisy: the new right-wing claim is that the Knesset may consider political consideration in a quasi-judicial process.

The law deprived Knesset members of their automatic immunity from trial, an authority that would have been removed in the past, only if the Attorney General managed to convince members of the Knesset Committee that it was a particularly serious suspicion, unrelated to ensuring the functioning of the Knesset without interruption. Since the change in the law in 2005, the Knesset member has to ask the Knesset (and then the plenum) to grant him immunity, which will postpone the legal proceedings against him until his term of office. Almost all Knesset members who opened proceedings against them did not exercise their right to request this immunity. Prime Minister Netanyahu decided to do so, and according to the law, the Knesset committee should discuss his request as soon as possible.

As long as the Knesset has not passed a resolution on granting immunity, the Speaker of the Knesset cannot be indicted, and since it is not expected that most will agree with Netanyahu's claims about unreasonable decision and enforceable enforcement, he prefers to postpone the decision to the next Knesset. Will lead to a fourth and perhaps even a fifth election campaign, as long as a majority of his immunity does not appear.

Parliament is a classic political framework in which decisions are always made for political reasons. It will happen on election night just as it does the next day. Netanyahu's opponents believe he must stand trial, and if anything unthinkable emerges, a majority is likely to be granted the grant of immunity.

This is not a political circus, but a legitimate, judicial but not truly judicial procedure. Anyone who thinks (wrongly) that the court has taken over our lives and wants to transfer power to the Knesset is not allowed to grasp the stick at either end, and wants to prevent the Knesset from making the decision that the law requires it to make, just because it does not want an outcome that would be uncomfortable.

The right-wing faction letter to the Speaker, demanding "to prevent the Knesset from turning into a circus, using it for political purposes and for election propaganda near the date of the election," is bipartisan in its embodiment.

See more opinions by Yossi Beilin

Source: israelhayom

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