In video: Paratroopers, Givati and the Air Force: about 200 ultra-Orthodox enlisted in the IDF/Reuven Castro
The conflict between "Jewish" and "democratic", as defined by the State of Israel, will come up tomorrow on the desk of the High Court of Justice judges who will hear today at 9:00 a.m. the petitions filed against the government regarding the recruitment of ultra-Orthodox yeshiva students. This is one of the most fascinating and important discussions held during a war of swords Barzel.
The hearing will take place in Hall C, which is reserved for important hearings, due to its size and ability to accommodate a large number of spectators. The panel of judges that will hear the petitions tomorrow is the seniority panel, meaning the oldest judges in the Supreme Court: Uzi Fogelman - MM President of the Supreme Court, Yitzhak Amit - who is supposed to be president of the court according to the seniority system, and Noam Solberg who is supposed to be president after Judge Amit.
Supreme Court.
Tomorrow's discussion: the senior team/official website, Alex Kolomoisky
What are the petitioners alleging?
In fact, these are two different petitions that were combined into one hearing.
In the first petition filed by the "Brothers in Arms" movement, the Movement for the Quality of Government and other petitioners, it is claimed that due to the fact that in June the law that allows ultra-Orthodox yeshiva students to postpone conscription expired, as part of the arrangement called "Torah Artou", i.e. due to the fact that they are studying in a yeshiva, the government must recruit the ultra-orthodox yeshiva students.
The second petition, submitted by the Ayalon Human Rights Forum and the Civil Democratic Movement, attacks the budgeting of ultra-Orthodox yeshiva.
The petitioners claim that according to the support procedure of the legal advice to the government, the government is not allowed to budget for ultra-orthodox yeshiva students who have not rejected their recruitment according to the law.
Since there is currently no law that regulates the postponement of conscription, the petitioners claim that budgeting for ultra-orthodox yeshiva is done illegally.
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They claim that the government must recruit ultra-Orthodox.
Brothers in Arms/courtesy of the photographed, the protest of the reservists Brothers in Arms
What is the government's position?
The government is represented by the Legal Adviser to the Government, and after eight extended requests from the High Court, Beharve Miara was able to present her position that if by April the government does not enact a new conscription law, which will regulate the state of affairs, the government will be obliged to conscript the ultra-Orthodox, and it will also be prohibited from budgeting the ultra-orthodox yeshiva.
How did we get here?
In 2017, the High Court of Justice ruled that the government must enact a new and specific law, which would regulate the postponement of the conscription of the ultra-Orthodox, and the fact that ultra-Orthodox yeshiva students do not enlist. which did not survive the criticism of the High Court, which stated that the government must enact a law that would regulate the issue explicitly.
63 thousand have orders to postpone service.
Haredim are mobilizing/Reuven Castro
How many yeshiva students are involved?
According to the data that the IDF submitted to the court through the legal adviser to the government, it is about 63,000 yeshiva students who received orders to postpone service at the end of June 2023.
What will happen if the law is not passed by April?
Allegedly, the IDF's defector catchers will have to enter the ultra-orthodox yeshiva and recruit the yeshiva students. However, it is important to note that this seems a distant and imaginary scenario, and it is possible that in such a case the court will issue an order that the yeshiva students must be recruited only if the petitioners insist on it. We will once again be on the brink of a constitutional crisis.
What will happen if the government decides to continue budgeting for the yeshivas contrary to the consultant's position?
As far as budgeting is concerned, the way is paved for the government to change the support tests it itself wrote.
In that case, she will again be exposed to a petition to the High Court, which may determine that this is an unequal change. In any case, the High Court may issue an order that freezes the funds.
Yeshiva students receive an exemption in Tel Hashomer/Reuven Castro
If the first petition has time until April, why is there even a hearing in February?
The petitions were submitted in June, with the expiration of the law that regulates the postponement of the recruitment of yeshiva students.
After eight postponement requests by the legal advisor in submitting her position on behalf of the government, the High Court dictated a strict schedule.
A final word
Tomorrow we are expected to see a clash between the Jewish character of the state and its democratic character, it is better that the court not be the gardener of the Israeli society and that the government know how to generate broad agreements among all the citizens of the country, before the court will have to intervene in the matter, after all it is about the law.
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Haredim recruitment
High Court
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