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Rule of LawIsrael

Israel's top court weighs challenges to rules on removing PM

September 28, 2023

The hearing is part of several legal challenges against Prime Minister Benjamin Netanyahu's government's judicial reform program.

https://p.dw.com/p/4WtwZ
Israelis protest against plans by Prime Minister Benjamin Netanyahu's government to overhaul the judicial system. They're holding posters and flags, armed security are watching them.
Protesters rallied outside in support of the Supreme Court ahead of Thursday's pivotal hearingImage: Ohad Zwigenberg/AP Photo/picture alliance

Israel's Supreme Court on Thursday heard arguments against a law that would make it harder to remove a sitting prime minister.

Judges were considering three pleas demanding the legislation be scrapped or deferred until after the next elections.

It was passed by parliament in March as part of Prime Minister Benjamin Netanyahu's government's comprehensive judicial reform.

The law determined a prime minister could only be declared unfit for office for medical or mental reasons. Only the prime minister or their government can determine a leader's unfitness.

Critics argued the legislative change removed one of the last checks on the executive.

Judicial overhaul challenged

A ruling on the "incapacity clause" was not expected on Thursday.

Justice Minister Yariv Levin condemned the hearing as "an attempt to overturn the elections" that returned Netanyahu to power in December.

But Attorney General Gali Baharav-Miara said the law seemed to be designed specifically to help Netanyahu and called for it to be repealed.

Thursday's hearing was one of several legal challenges against the government's judicial reform.

President of the Israeli Supreme Court Esther Hayut in a hearing over a law that makes it more difficult to remove the prime minister from office
Eleven of the Supreme Court's 15 judges convened for the televised hearing, presided over by Chief Justice Esther Hayut, who has previously criticized the government's judicial overhaul. Image: Menahem Kahana/REUTERS

The Supreme Court was also preparing to rule on challenges to a July amendment that limits its power to overrule some cabinet-level decisions based on "reasonableness."

Next month, the court is due to hear appeals relating to convening a committee for appointing judges.

Reforms remain contentious

Weekly mass protests against the government's judicial reform program have been taking place since January 2023.

Demonstrators argue it is part of a plan to preserve Netanyahu's tenure despite a series of graft charges against him.

He had denied charges of fraud, breach of trust, and accepting bribes in three separate cases involving influential media moguls and wealthy associates.

The government argues the overhaul is necessary to rebalance powers between elected officials and judges.

lo/ab (AP, AFP, Reuters)