Netanyahu: The judicial system delayed the production of gas and the construction of Highway 6 (Walla system!)
Prime Minister Benjamin Netanyahu claimed this evening (Wednesday) that "legalization" delayed projects to build important infrastructures in Israel, such as Route 6, the train between Jerusalem and Tel Aviv and the production of gas.
But are Netanyahu's words true?
A reading of the main ruling on Highway 6 given at the end of 2010 shows that there were indeed certain legal proceedings that delayed the construction of the road, but they were due to the fact that not all the alternatives that would prevent damage to the environment were considered.
This is what the President of the Supreme Court at the time, Dorit Beinish, wrote: "We found that there was a flaw in the reasonableness of the instructions given regarding the environmental impact review that was prepared for the purpose of the plan that is the subject of the petition. This flaw is that the editors of the review were not given an instruction to examine the principle planning alternatives for the proposed route of the road. A flaw This in the guidelines resulted in the hotel's decision to approve the program not being based on an appropriate factual basis."
A senior legal official who is aware of the proceedings in the case, and asked not to be identified, told Walla this evening!
Because "giving this example is really ridiculous. It's unbelievable, there are rules if you don't examine them, you can't make a plan. Every time they pull out a ruling that supposedly shows that there is no governance in Israel, but in any legal system they would examine if alternatives were presented, and today they want to cancel that too It's really absurd."
Claims that "legalization" projects in Israel.
Netanyahu (Photo: Flash 90, Yonatan Zindel)
Another example that Netanyahu gave tonight is related to the gas plan, which was also discussed in the High Court. In the ruling, the judges invalidated the "stability clause", according to which the Knesset will be prohibited from legislating for a decade on issues related to the plan. However, the High Court refrained from interfering in the other issues related to the plan.
The same senior legal official also referred to this case and said: "In the gas outline, the High Court defended the Knesset.
What they wanted to do there was to fetter the discretion of the Knesset with regard to the terms of the agreement.
The High Court of Justice protected the Knesset from the government that is usurping the power of the Knesset. Every day there is enough disinformation and fake news, and every day they pull out a different example."
Regarding the train line between Jerusalem and Tel Aviv, it appears that the court did not delay the project.
This, following the determination of the judges that the public interest prevails over the rights of petitioners, who claimed that part of their land was expropriated to build the high-speed line.
"This is not an injury whose intensity increases in the overall balance,
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The train line between Jerusalem and Tel Aviv (Photo: Reuven Castro)
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Prof. Yuval Albashan, who served as dean of the Faculty of Law at Ono Academic College, told Walla: "Prime Minister Netanyahu is not wrong. As soon as there is no certainty and we have moved from a system of legal rules to a system of values, then legal certainty has been lost."
Prof. Barak Medina, from the Faculty of Law at the Hebrew University and former rector of the university, believes otherwise.
"The High Court increases certainty by the fact that it enforces protection of property.
Netanyahu is probably referring to the interpretation of contracts, but even there, the cases in which a contract is given a different meaning than the usual one are rare," Medina told Walla. "A contract helps the parties by knowing that if they make a mistake in the wording, the court will interpret according to their intention.
But all this is only marginal, in the majority of cases the contract is simply enforced."
"In any case, the damage from the lack of judicial review of the power of the government to damage property is enormous, great without any comparison," Medina added.
"What's more, none of the changes being proposed now will help solve the pretend problem that Netanyahu talked about. Appointing judges according to their political position will not solve anything, it will only do harm."
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