Knesset member Yuli Edelstein was absent from the vote on the fortification law.
Photo: from the Knesset Channel (Knesset Channel)
The Special Committee for Amendments to the Basic Law: The government approved this evening (Tuesday) for a second and third reading the law that will prevent the High Court or the Prosecutor's Office from declaring impeachment against Prime Minister Benjamin Netanyahu due to the legal proceedings against him.
According to the proposal initiated by all the leaders of the coalition factions, there will be only two reasons for the removal to the fortress: a notification by the Prime Minister himself that he is physically or mentally unable to fulfill his role, and another route when 75% of the members of the government request the removal of the prime minister to the fortress against his will.
In the course of the government's request, and if the prime minister did not convene a cabinet meeting at the request of 60% of its members within three days, the government secretary will convene a meeting immediately, which will be presided over by the acting prime minister.
As long as there are three quarters of government members who request to declare a temporary blockade, the blockade will apply for three days, and it will be brought to the Knesset committee for approval.
The Knesset committee will be entitled to set adjournments of seven additional days from the date of the government's decision and by a majority of two-thirds of the members of the committee.
does not go out to the fortresses.
Netanyahu (Photo: Reuters)
In the case of a health reason, the decision of the Knesset Committee will be based on a medical opinion that will be made in accordance with the rules of the Knesset Committee.
The extension of the period beyond these 10 days will be approved by the Knesset, according to the Knesset committee's proposal, and by a majority of 80 Knesset members, instead of 90 as proposed in the original version.
According to the proposal, the validity of each extension will be for 21 days at a time and up to 100 days at the most, then the detention, according to the law, will become permanent.
The Knesset committee will be entitled to determine the end of the period of confinement by the decision of the majority of the committee members.
Unlike the wording of the first proposal, the section referring to the cancellation of the judicial review of the process of the Prime Minister's exit to the fortresses was removed from the wording of the law.
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"Legal black hole".
Beharev Miara (photo: photo processing, Shlomi Gabai)
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Last month, the High Court of Justice ordered Netanyahu and the legal advisor to the government, Gali Beharev Miyara, to explain why they believe Netanyahu should not be extradited to prison, following the ongoing trial against him, and the advancement of the legal revolution
. After that, Beharve Miara came out against the law, and wrote in her opinion that the bill should be opposed, which, according to her, prevents any judicial review of the prime minister's impeachment. According to the ombudsman's position, there is justification to determine the mechanism by which the impeachment of a prime minister will be determined.
However, Harav Miara clarified, "the details of the arrangements contained in the proposal raise legal and practical difficulties, which require consideration and completion."
"The combination of the various elements of the proposal may lead to situations in which, even though objectively the prime minister will not be able to perform his duties, for example, for health reasons, he will continue to hold office due to political constraints that will prevent him from being declared disabled," added the ombudsman. "And finally, we It is believed that there is reason to oppose the sweeping and precedential determination that prevents any judicial review in relation to these procedures, thus creating a 'black hole' that is not subject to judicial review."
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