High Court ends marathon hearing over Netanyahu recusal law
A five-hour hearing at Israel’s High Court of Justice over the legality of the “Recusal Law” ended on Thursday without the three justice-panel issuing a ruling.
Esther Hayut
The justices were hearing petitions filed against the law, which limits the circumstances under which a sitting premier can be removed from office. The law, also sometimes referred to as the “Impeachment Law,” was passed by the Knesset in March, and passed as a Basic Law, which gives the law a quasi-constitutional status. To date, the Israeli High Court has never overturned a Basic Law.
The Impeachment Law prevents the Supreme Court from ordering a prime minister to take a leave of absence. Under the new law, a prime minister can be declared unfit for office only for health reasons, and only by a three-quarter majority vote of Cabinet ministers or a three-quarter majority Knesset vote.
The amendment’s explanatory notes state that declaring a prime minister unfit while he is physically and mentally able to fulfil his duties annuls the election results and the democratic process.
The petitions against the law were filed by The Movement for Quality Government in Israel, an NGO heavily involved in the anti-judicial reform movement, and opposition party Israel Beiteinu.
The petitioners argued that the amendment was tailored to protect Prime Minister Benjamin Netanyahu, who is on trial for fraud, bribery and breach of trust stemming from three separate investigations. Supporters of the amendment argue that the possibility of unelected judges ordering a prime minister to recuse himself over conflicts of interest is anti-democratic.
The last Israeli prime minister removed from office for medical reasons was Ariel Sharon. Deputy Prime Minister Ehud Olmert became temporary Prime Minister after Sharon, then 78, suffered a massive stroke on Jan. 4, 2006. The Israeli Cabinet declared Sharon permanently incapacitated on April 11. Sharon remained in a permanent vegetative state until his death in 2014.
Olmert stepped down from the office in 2008 ahead of his own indictment for corruption. He was later convicted and served two-thirds of a 27-month prison sentence.
The Impeachment Law is part of a government initiative to overhaul the judicial system which has deeply divided Israelis.
Legislation advancing through the Knesset would primarily alter the way judges are appointed and removed, give the Knesset the ability to override certain High Court rulings and change the way legal advisors are appointed to government ministries. On July 24, the Knesset passed the “Reasonableness Law” restricting the way judges can apply the reasonableness standard.
Sitting on Thursday’s panel was Supreme Court President Esther Hayut with Justices Uzi Vogelman and Yitzhak Amit.
The justices did not indicate when they would issue their ruling.
