Legal advisor to the government Gali Beharev-Miara submitted her response to the petition against the appointment of MK Itamar Ben Gabir as Minister of Internal Security this evening (Wednesday).
The ombudsman wrote in her response that "the petition should be rejected outright, being a preliminary petition, and the discussion of it at this time, before the procedure for appointing the ministers and their entry into office, which requires the approval of the Knesset for the composition of the government, may be theoretical."
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"The petition was submitted before its time", photo: Oren Ben Hakon
Prime Minister-designate Benjamin Netanyahu also submitted his response to the petition this evening.
His attorney, attorney Michael Rebelo, wrote on Netanyahu's behalf that the petition should be rejected due to its premature nature.
In addition, he responded that the petition should be rejected in its entirety and wrote that "the Prime Minister's discretion regarding the appointment of ministers in the government is a broad discretion and interfering with the legislature's decision is difficult and impossible."
Netanyahu also writes that the petitioners are asking the court to decide whether it is appropriate to appoint Ben Gabir, while the court's authority is to discuss only the question of whether the appointment is legal.
And in addition, he writes that the reason for reasonableness as established in the Deri-Pinchasi rule is not free of difficulties and refers to Judge Noam Solberg's criticism of the reason for reasonableness.
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