The government unanimously approved a proposal on Sunday declaring that it will not comply with a Supreme Court injunction barring newly appointed Second Authority Council members from convening, following petitions arguing the new appointments were political, bringing about a constitutional crisis.
The declaratory decision comes after the High Court of Justice ruled in June against the government’s attempt to change the composition of the Second Authority Council.
The government decision on Sunday stated that it would not recognize any decision, approval, appointment, or action made by the council while it allegedly fails to meet the statutory threshold.
The situation could lead to a constitutional crisis if the government does not accept the decisions of the Second Authority Council, thereby going against the High Court.
Communications Minister Shlomo Karhi and Justice Minister Yariv Levin, who issued the government proposal, released a joint statement slamming the High Court’s earlier decision.
Karhi, Levin disparage High Court’s decision
Karhi has been spearheading the contentious communications reform bill that seeks to restructure Israel’s broadcasting oversight system and bring about sweeping reforms to the country’s broadcasting sector.
The communications minister stated that the “High Court justices are not the Knesset, and an abuse of power does not give them the authority to erase an explicit statutory requirement simply because they find it inconvenient.”
“The rule of law is not the rule of judges,” Karhi added.
He stated that the government had “made its position clear: when the High Court tramples the law, the state will not cooperate.”
“A two-thirds majority is a legal requirement, not a recommendation, and a council that does not meet the statutory threshold established by the legislature has no legal standing, and its decisions are null and void,” Kahri continued.
Levin argued that “the government has a duty to ensure that the law, and only the law, serves as the source of governmental authority. We will continue to use every lawful means available to restore the rule of law.”
What is the Second Authority?
The Second Authority for Television and Radio is Israel’s public regulator responsible for overseeing commercial television and radio
Karhi’s controversial communications reform bill seeks to restructure Israel’s broadcasting oversight system, beginning with the Second Authority.
Earlier in May, Supreme Court Justice Alex Stein issued a temporary order freezing the activity of the new Second Authority for Television and Radio Council, barring it from convening or making decisions until further notice after the state again asked for more time to respond to a series of petitions challenging the government’s appointments to the media regulator.
The decision immediately halted the work of the council appointed by the government in March, including the appointment of Yifat Ben-Hay Segev as chairwoman, and of attorney Kinneret Barashi and Haim Shine as council members.
In June, the government claimed the High Court’s ruling allowed the previous government’s Second Authority Council to resume activity despite its membership falling below the minimum required by law.
The tensions also come amid the government’s ongoing rift with the judiciary.
Opposition party leaders from the bloc seeking to replace Prime Minister Benjamin Netanyahu in the upcoming elections sharply criticized the government’s decision not to adhere to a Supreme Court injunction.
Former prime minister Naftali Bennett, who leads the Together Party, stated that refusing to comply with a court ruling “leads to anarchy in the streets and the disintegration of our country.”
He pledged that the next government would “ fix everything” and that there would soon be “one law for everyone.
The Democrats leader Yair Golan stated that the government was “criminal” and had “lost its brakes,” ahead of the elections.
“This is a government that wants to practice and normalize disobedience to the court, so that tomorrow it can refuse to accept the results of the elections and decline to transfer power after being defeated.”
“The liberal and democratic public is determined and strong and will not allow this to happen. Israel was established as a democracy and will remain a democracy,” Golan added.
Yashar Party leader Gadi Eisenkot slammed Netanyahu, saying that he was dividing Israel and that the government was “raising a hand against Israeli democracy.”
“The citizens of Israel deserve a government that unites the people, not a government that works to divide them,” he added.
Sarah Ben-Nun contributed to this report.
