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A number of incidents this week join a worrying trend of government disregard for the law and legal norms.
By ELIAV BREUER JANUARY 9, 2025 11:17
THE KNESSET will return to session next week amid the temporary freeze in the judicial reform legislation.
(photo credit: YONATAN SINDEL/FLASH90)
A number of incidents this week indicated the unprecedented levels of government enmity towards the judicial system in general and law enforcement in particular.
The first incident was Communications Minister Shlomo Karhi’s announcement on Monday that he will not adhere to a High Court of Justice ruling. The High Court extended the tenure of two members of the governing council of the Public Broadcasting Corporation (known as KAN), overruling Karhi’s decision not to extend their tenure. Karhi is pursuing a policy to negate Kan’s independence by either privatizing it or preventing it from functioning properly.
Karhi’s decision would have paralyzed the council, as it would have lowered the number of members on the council from seven to five, beneath the minimum number that enabled it to convene. Karhi said that he was “determining” that the High Court ruling was “unconstitutional” and given “without authority” and therefore void. The communications minister also said he would disregard the requirement to appoint an interim chairman for the council.
The second incident was Prime Minister Benjamin Netanyahu’s ignoring an opinion by Attorney General Gali Baharav-Miara and appointing a person that the AG deemed was “not even close” to being qualified to the influential position of Civil Service Commissioner.
Netanyahu’s move joined a long list of decisions contrary to the opinion of the AG, even though her opinion is legally binding. Netanyahu’s ignoring Baharav-Miara this week was more blatant than usual, however, since it had to do with an appointment to an influential position; it was a decision by Netanyahu himself, not one of his ministers or the government as a whole, and Netanyahu said clearly that he had “consulted with the AG” and “did not accept her recommendation” – an official indication that he viewed her opinions as optional, seemingly in violation of the law.
The third incident was Likud MK Tally Gotliv’s refusal to appear for police interrogation for divulging classified information that the husband of protest leader Prof. Shikma Bressler was a security official in the Shin Bet. Gotliv has argued that she was immune from interrogation since her comments were made within the capacity of her job as a parliamentarian. Deputy State Attorney Alon Altman explained in a letter to Gotliv on Sunday that MKs were not immune from a criminal interrogation. However, Gotliv refused another summons after receiving the letter and even wrote on X that she had “recommended” to the police that it “cease contacting me since I do not intend to report [for the interrogation].”
Trend of government disregard for law, legal norms
These incidents join a worrying trend of government disregard for the law and legal norms. To name a few: The government ignored guidelines laid out in a Basic Law regarding the timetable for the legislation of the state budget; the Knesset Finance Committee led by MK Moshe Gafni (United Torah Judaism) approved budget transfers worth nearly NIS 5 billion within the 2024 state budget prior to its expiration on December 31, in a hasty procedure that the Knesset Legal Advisor said was “unprecedented” and did not enable Members of Knesset enough time to understand what they were voting on; Justice Minister Yariv Levin has yet to adhere to a High Court ruling requiring him to appoint a permanent Chief Justice; and more.
Many parties within the government campaigned for improved governance (“meshilut”), and its 2023 judicial reforms were framed as strengthening democracy. However, the government is increasingly disregarding a central tenet of governance and democracy – adherence to the law.
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