12 jan 2020
Knesset Legal Adviser Eyal Yinon
Yinon issues opinion that Edelstein cannot prevent establishment of Knesset committees to weigh PM's immunity bid; Edelstein warns convening committees so close to elections 'grave mistake'
Knesset Legal Adviser Eyal Yinon gave clearance on Sunday to debate Prime Minister Benjamin Netanyahu's request for parliamentary immunity, but Knesset Speaker Yuli Edelstein may yet stand in the way.
Netanyahu was charged in November with bribery, fraud and breach of trust in three separate corruption cases and his request for parliamentary immunity has been expected to delay his court appearance until after the March 2 elections. The Likud leader denies the allegations.
The ruling Likud party turned to the High Court of Justice twice on Sunday, requesting injunctions to block the legal adviser from issuing his opinion, but were rejected on both occasions.
The prime minister's opponents have sought to kick-start the process and deny him immunity before the upcoming elections by getting approval to form the necessary parliamentary committees.
Yinon on Sunday issued his opinion that Edelstein - a member of Netanyahu's right-wing Likud party - cannot prevent the establishment of such committees. The legal adviser had come under fire from the prime minister, alleging Yinon is not impartial.
Netanyahu has claimed the same of State Attorney Shai Nitzan and Attorney General Avichai Mandelblit, who the incumbent had accused of indicting him for trumped-up charges.
Yinon concluded that the speaker of the Knesset cannot prevent the two committees from being convened, according to a parliamentary statement.
Yinon issues opinion that Edelstein cannot prevent establishment of Knesset committees to weigh PM's immunity bid; Edelstein warns convening committees so close to elections 'grave mistake'
Knesset Legal Adviser Eyal Yinon gave clearance on Sunday to debate Prime Minister Benjamin Netanyahu's request for parliamentary immunity, but Knesset Speaker Yuli Edelstein may yet stand in the way.
Netanyahu was charged in November with bribery, fraud and breach of trust in three separate corruption cases and his request for parliamentary immunity has been expected to delay his court appearance until after the March 2 elections. The Likud leader denies the allegations.
The ruling Likud party turned to the High Court of Justice twice on Sunday, requesting injunctions to block the legal adviser from issuing his opinion, but were rejected on both occasions.
The prime minister's opponents have sought to kick-start the process and deny him immunity before the upcoming elections by getting approval to form the necessary parliamentary committees.
Yinon on Sunday issued his opinion that Edelstein - a member of Netanyahu's right-wing Likud party - cannot prevent the establishment of such committees. The legal adviser had come under fire from the prime minister, alleging Yinon is not impartial.
Netanyahu has claimed the same of State Attorney Shai Nitzan and Attorney General Avichai Mandelblit, who the incumbent had accused of indicting him for trumped-up charges.
Yinon concluded that the speaker of the Knesset cannot prevent the two committees from being convened, according to a parliamentary statement.
Knesset Speaker Yuli Edelstein
Edelstein had sought to block the formation of the committees and requested a legal opinion on whether he had the authority to do so.
Edelstein on Sunday rejected Yinon's advice, warning that convening the committees would be a "grave mistake."
"We are just weeks ahead of elections, everybody knows that at such a time, the house committee would become a circus," Edelstein said at a press conference.
It remains unclear whether lawmakers could forge ahead and form the parliamentary committees without his approval.
"I disagree with the Knesset legal adviser's opinion," the speaker said. "As far as it depends on me, I will not lend a hand in turning the committee to a place of cheap election propaganda."
The legal opinion followed a request to launch the process by parties representing 65 lawmakers - a majority in the 120-strong Knesset - in favor of denying Netanyahu immunity.
The centrist Blue & White alliance, which holds 33 seats, proceeded Sunday with a bid to force the issue.
Under Israeli law, a sitting prime minister is only required to step down once convicted of an offense and after all avenues of appeal have been exhausted.
Likud and Blue & White were deadlocked in April and September elections, prompting a third national poll within a year.
Edelstein had sought to block the formation of the committees and requested a legal opinion on whether he had the authority to do so.
Edelstein on Sunday rejected Yinon's advice, warning that convening the committees would be a "grave mistake."
"We are just weeks ahead of elections, everybody knows that at such a time, the house committee would become a circus," Edelstein said at a press conference.
It remains unclear whether lawmakers could forge ahead and form the parliamentary committees without his approval.
"I disagree with the Knesset legal adviser's opinion," the speaker said. "As far as it depends on me, I will not lend a hand in turning the committee to a place of cheap election propaganda."
The legal opinion followed a request to launch the process by parties representing 65 lawmakers - a majority in the 120-strong Knesset - in favor of denying Netanyahu immunity.
The centrist Blue & White alliance, which holds 33 seats, proceeded Sunday with a bid to force the issue.
Under Israeli law, a sitting prime minister is only required to step down once convicted of an offense and after all avenues of appeal have been exhausted.
Likud and Blue & White were deadlocked in April and September elections, prompting a third national poll within a year.
6 jan 2020
Hike sees lawmakers' monthly salary rise to NIS 45,251, ministers' pay increases to NIS 50,623 - fourfold national average of NIS 11,000
Knesset members voted to raise their monthly salary by 2.8% starting January, despite more than a year of parliamentary inaction due to the political turmoil engulfing Israel.
A lawmaker's monthly pay was increased by NIS 1,232 ($354) per month to NIS 45,251 ($12,992), while ministers see their wages increased to NIS 50,623 ($14,535$) per month. The average national salary is approximately NIS 11,000, roughly one quarter of what lawmakers earn.
President Reuven Rivlin will also see an increase in his salary, receiving NIS 64,616 ($18,552) a month, while Prime Minister Benjamin Netanyahu - who is currently seeking permission to solicit donations for his legal expenses - will see his monthly income grow to NIS 56,295 ($16,163).
Only 15 MKs asked to be excluded from the pay rise, including Yisrael Beytenu Leader Avigdor Liberman, Likud lawmaker Ofir Katz and Labor leader Amir Peretz.
Just five MKs from Blue & White declined the increase, despite the party's previous announcement that all of its lawmakers would refuse to receive the pay rise.
All 120 members of Knesset went on hiatus in December 2018 due to the April 2019 elections. Parliament was active for a mere total of two and a half months in 2019, due to Israel's major parties inability to form a government, the two national elections and the upcoming third ballot in March.
The 23rd Knesset is supposed to be inaugurated on March 16, two weeks after the elections. Members of Knesset go on recess for Passover soon after, returning in mid-May - all while receiving their monthly salary.
If a government is indeed formed after the March 2 elections, Knesset will be resuming work after a year and a half of inactivity during which MKs also received their monthly salary.
According to the National Insurance Institute, there are approximately 2 million Israelis living in poverty, including 800,000 children, while the stipend given to the elderly stands at NIS 1,554 ($446) a month.
Knesset members voted to raise their monthly salary by 2.8% starting January, despite more than a year of parliamentary inaction due to the political turmoil engulfing Israel.
A lawmaker's monthly pay was increased by NIS 1,232 ($354) per month to NIS 45,251 ($12,992), while ministers see their wages increased to NIS 50,623 ($14,535$) per month. The average national salary is approximately NIS 11,000, roughly one quarter of what lawmakers earn.
President Reuven Rivlin will also see an increase in his salary, receiving NIS 64,616 ($18,552) a month, while Prime Minister Benjamin Netanyahu - who is currently seeking permission to solicit donations for his legal expenses - will see his monthly income grow to NIS 56,295 ($16,163).
Only 15 MKs asked to be excluded from the pay rise, including Yisrael Beytenu Leader Avigdor Liberman, Likud lawmaker Ofir Katz and Labor leader Amir Peretz.
Just five MKs from Blue & White declined the increase, despite the party's previous announcement that all of its lawmakers would refuse to receive the pay rise.
All 120 members of Knesset went on hiatus in December 2018 due to the April 2019 elections. Parliament was active for a mere total of two and a half months in 2019, due to Israel's major parties inability to form a government, the two national elections and the upcoming third ballot in March.
The 23rd Knesset is supposed to be inaugurated on March 16, two weeks after the elections. Members of Knesset go on recess for Passover soon after, returning in mid-May - all while receiving their monthly salary.
If a government is indeed formed after the March 2 elections, Knesset will be resuming work after a year and a half of inactivity during which MKs also received their monthly salary.
According to the National Insurance Institute, there are approximately 2 million Israelis living in poverty, including 800,000 children, while the stipend given to the elderly stands at NIS 1,554 ($446) a month.
2 jan 2020
The justices presiding over the hearing decide not to give their opinion on whether Netanyahu, indicted on 3 corruption charges, could stay in his role as Israel's premier if his Likud party wins the March 2 election
The High Court of Justice ruled Thursday it will not give its opinion on whether an indicted parliament member can form a new government, effectively giving way to Prime Minister Benjamin Netanyahu to establish a coalition if he emerges victorious after the March 2 elections.
Israeli law requires cabinet ministers and mayors to resign if indicted but does not specify so for a sitting prime minister. There are no restrictions on Netanyahu to run in the unprecedented third elections in less than a year, but good governance groups petitioned the court, claiming he could not be tasked with forming a new government.
Chief Justice Esther Hayut, Deputy Justice Hanan Melcer and Justice Uzi Vogelman, who presided over the hearing, threw out the petition, ruling it to be highly hypothetical.
“At this time, it is theoretical and premature.”
The court said that the election campaign period is a "realm of uncertainty" and that it remains to be seen who the president will select to form a government after the March 2 vote. The judges said that in light of the "most sensitive and complicated period the state of Israel is in at this time," it decided to "act with restraint and moderation" and dismiss the petition for the time being.
"The issue raised in the petition is fundamental and concerns the principle of the rule of law, the integrity of elected representatives and public confidence in government institutions. Thus, it touches on the core values on which our judicial system is based,” said the ruling.
"However, according to the electoral system in Israel, the public votes for party lists and not for potential candidates to become prime minister."
The court emphasized the prime minister is eligible to run in the upcoming elections as the leader of the ruling Likud party since there are no laws that prohibit him from doing so, regardless of the concerns stated in the petition.
The hearing comes just a day after Netanyahu said he will seek immunity from the corruption charges against him, delaying the prospect of a trial until the elections when he hopes to have a parliamentary majority coalition that will shield him from prosecution.
The request for immunity is likely to languish under the current parliament. Normally, a request for immunity would need to be approved by a parliamentary committee and then submitted to a full vote. But the committee charged with handling such matters doesn’t exist because a government was never formed after September’s election.
The attorney general cannot file the indictment until the question of immunity is settled, delaying any court proceedings.
The High Court of Justice ruled Thursday it will not give its opinion on whether an indicted parliament member can form a new government, effectively giving way to Prime Minister Benjamin Netanyahu to establish a coalition if he emerges victorious after the March 2 elections.
Israeli law requires cabinet ministers and mayors to resign if indicted but does not specify so for a sitting prime minister. There are no restrictions on Netanyahu to run in the unprecedented third elections in less than a year, but good governance groups petitioned the court, claiming he could not be tasked with forming a new government.
Chief Justice Esther Hayut, Deputy Justice Hanan Melcer and Justice Uzi Vogelman, who presided over the hearing, threw out the petition, ruling it to be highly hypothetical.
“At this time, it is theoretical and premature.”
The court said that the election campaign period is a "realm of uncertainty" and that it remains to be seen who the president will select to form a government after the March 2 vote. The judges said that in light of the "most sensitive and complicated period the state of Israel is in at this time," it decided to "act with restraint and moderation" and dismiss the petition for the time being.
"The issue raised in the petition is fundamental and concerns the principle of the rule of law, the integrity of elected representatives and public confidence in government institutions. Thus, it touches on the core values on which our judicial system is based,” said the ruling.
"However, according to the electoral system in Israel, the public votes for party lists and not for potential candidates to become prime minister."
The court emphasized the prime minister is eligible to run in the upcoming elections as the leader of the ruling Likud party since there are no laws that prohibit him from doing so, regardless of the concerns stated in the petition.
The hearing comes just a day after Netanyahu said he will seek immunity from the corruption charges against him, delaying the prospect of a trial until the elections when he hopes to have a parliamentary majority coalition that will shield him from prosecution.
The request for immunity is likely to languish under the current parliament. Normally, a request for immunity would need to be approved by a parliamentary committee and then submitted to a full vote. But the committee charged with handling such matters doesn’t exist because a government was never formed after September’s election.
The attorney general cannot file the indictment until the question of immunity is settled, delaying any court proceedings.
1 jan 2020
On Tuesday morning, the Israeli Supreme Court opened a special session to consider the petition against the eligibility of Benjamin Netanyahu, the interim Israeli Prime Minister, in forming a government, in light of criminal charges against him, the Palestine News Network reported.
The Hebrew newspaper “Yediot Aharonot” said that “a committee composed of three judges in the court started looking at the possibility that a member of the Knesset (parliament), who is forming a government while facing criminal crimes, would refer to Netanyahu.
The Judicial Committee is chaired by the President of the Supreme Court, Esther Hayut, the Vice-President of the Supreme Court, Hanan Melcer, and Judge Uzi Fogelman.
The petition was submitted by nearly 70 Israeli personalities, including university professors, and technology and security workers, who were seeking to prevent Netanyahu from forming the government, after the March 2 Israeli elections, to file an indictment against him with corruption files.
According to “Yediot,” the Supreme Court asked the Israeli Attorney General and Judicial Adviser to the government, Avichai Mendelblit, to provide his legal opinion in this regard, but he answered, saying that he “wants to wait even after the court’s ruling.”
Opponents of Netanyahu say he refused to form a broad unity government and insisted on holding elections, the third in less than a year, to give himself more room to maneuver to evade the trial.
On December 13, the Knesset announced that it would dissolve itself and hold early elections on March 2, 2020, after Netanyahu and his rival Benny Gantz failed for the second time to obtain a majority of 61 (out of 120) representatives to form a government.
Next Thursday, a deadline for Netanyahu to submit a request for immunity to the Speaker of the Knesset, Yuli Adelstein, from trial in three corruption cases, expires.
The government’s attorney general, Avichai Mandelblit, announced last month that he had filed an indictment against Netanyahu on charges of bribery, breach of trust and fraud.
In the event that Netanyahu makes the request for immunity, all legal measures against him will be suspended until the formation of the government and the parliamentary committee concerned with deciding to grant him immunity.
The Hebrew newspaper “Yediot Aharonot” said that “a committee composed of three judges in the court started looking at the possibility that a member of the Knesset (parliament), who is forming a government while facing criminal crimes, would refer to Netanyahu.
The Judicial Committee is chaired by the President of the Supreme Court, Esther Hayut, the Vice-President of the Supreme Court, Hanan Melcer, and Judge Uzi Fogelman.
The petition was submitted by nearly 70 Israeli personalities, including university professors, and technology and security workers, who were seeking to prevent Netanyahu from forming the government, after the March 2 Israeli elections, to file an indictment against him with corruption files.
According to “Yediot,” the Supreme Court asked the Israeli Attorney General and Judicial Adviser to the government, Avichai Mendelblit, to provide his legal opinion in this regard, but he answered, saying that he “wants to wait even after the court’s ruling.”
Opponents of Netanyahu say he refused to form a broad unity government and insisted on holding elections, the third in less than a year, to give himself more room to maneuver to evade the trial.
On December 13, the Knesset announced that it would dissolve itself and hold early elections on March 2, 2020, after Netanyahu and his rival Benny Gantz failed for the second time to obtain a majority of 61 (out of 120) representatives to form a government.
Next Thursday, a deadline for Netanyahu to submit a request for immunity to the Speaker of the Knesset, Yuli Adelstein, from trial in three corruption cases, expires.
The government’s attorney general, Avichai Mandelblit, announced last month that he had filed an indictment against Netanyahu on charges of bribery, breach of trust and fraud.
In the event that Netanyahu makes the request for immunity, all legal measures against him will be suspended until the formation of the government and the parliamentary committee concerned with deciding to grant him immunity.
22 dec 2019
Attorney General Mandelblit is ordered to submit his legal opinion on the matter 48 hours before a pending plenary, despite his attempts to evade the subject unless taken up by court
The High Court of Justice said on Sunday it will debate whether Prime Minister Benjamin Netanyahu could form a government despite the incumbent being indicted in three different criminal cases.
The court announced it had received and approved a petition signed by 67 different individuals demanding a ruling on whether a Knesset member battling criminal charges can be tasked with forming a government.
Attorney General Avichai Mandelblit, who avoided addressing the issue as long as it was solely a theoretical question, has been ordered by the High Court to devise a legal opinion on the matter 48 hours before the court assembles to debate the issue. The plenary is still pending as no date has yet been decided.
On Friday, Mandelblit refused to rule on the issue, informing the court that he would only issue a legal opinion on the matter if it were to be taken up by the court.
Last month, Mandelblit ruled that Netanyahu can remain interim prime minister, just days after serving him with charges of fraud, breach of trust and bribery.
Mandelblit has claimed in the past that he would have preferred it if the issue of Netanyahu's legal standing was debated as a public rather than a legal issue.
The High Court of Justice said on Sunday it will debate whether Prime Minister Benjamin Netanyahu could form a government despite the incumbent being indicted in three different criminal cases.
The court announced it had received and approved a petition signed by 67 different individuals demanding a ruling on whether a Knesset member battling criminal charges can be tasked with forming a government.
Attorney General Avichai Mandelblit, who avoided addressing the issue as long as it was solely a theoretical question, has been ordered by the High Court to devise a legal opinion on the matter 48 hours before the court assembles to debate the issue. The plenary is still pending as no date has yet been decided.
On Friday, Mandelblit refused to rule on the issue, informing the court that he would only issue a legal opinion on the matter if it were to be taken up by the court.
Last month, Mandelblit ruled that Netanyahu can remain interim prime minister, just days after serving him with charges of fraud, breach of trust and bribery.
Mandelblit has claimed in the past that he would have preferred it if the issue of Netanyahu's legal standing was debated as a public rather than a legal issue.
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