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December 11, 2016 / 11 Kislev, 5777

Posts Tagged ‘Ayelet Shaked’

Shaked: Court’s Intervention in Knesset, Government Work Distorts Democracy

Friday, December 2nd, 2016

Justice Minister Ayelet Shaked (Habayit Hayehudi) on Thursday told a conference headed by former Supreme Court President Dorit Beinisch that “there are some who want to cause the public to believe that any regime model that does not align itself completely with the leftist parties’ agenda does not satisfy the basic demands of the democratic system. But it isn’t so.”

The conference, titled “Democracy in Israel: Directions and Trends,” took place in Zichron Yaakov, a town that only a week ago endured the largest of the wave of fires that plagued Israel. Shaked “informed” those who have been regularly eulogizing Israel’s democracy, that Israel’s democracy is stronger than all of them.

According to Shaked, the attempt to divide the political left and right in Israel, and the will to determine that one side seeks to promote Israel as a Rabbinical Jewish state, or as a nationalistic mutation, while the other side is seeking to promote true democracy will not succeed. Neither will the attempt to define as “destroyers of democracy” those who consider separation of the three branches of government to be the foundation of a well-functioning democracy.

“I am saying here in the clearest way possible – a judicial branch that intervenes in the legally created product of the legislative or executive branches is not adhering to the democratic model and it is our duty to bring it back on track.”

Shaked also stressed that Israel’s democracy is “part of a larger fabric of a Jewish and Zionist State.” Conceding that this means there are complexities in the Israeli system of government, she urged her audience to “talk about them, rather than attempt to turn this complex term the political legacy of one camp or another.”

“It’s too important an issue to be turned into a partisan battering ram,” Shaked said.

JNi.Media

Knesset Approves Arrangements Act in Preliminary Vote 58 – 50

Wednesday, November 16th, 2016

The effort to save the Jewish community of Amona from demolition and eviction has overcome its first big hurdle Wednesday afternoon, as the Knesset plenum passed the Arrangements Act by a vote of 58 to 50 with no abstention. The latest version of the bill, which now goes to deliberations in committee, lets the Arab claimants against Jewish settlements in Judea and Samaria to hold their title to the land while receiving market value compensation for it. The new law applies strictly to lands impounded by the Israeli government and not disputes over land that was settled without government sanction.

Finance Minister and Chairman of Kulanu Moshe Kahlon was reportedly uncertain whether his party should support the coalition bill, despite the fact that they were bound by “coalition discipline.” Kahlon was, and continues to be anxious about the possibility of a clash between the government and Israel’s Supreme Court, which is invested in seeing Amona, alongside the rightwing coalition, being brought down to their knees come December 25, the day decreed by the court.

Habayit Hayehudi Chairman and Education Minister Naftali Bennett, as well as Justice Minister Ayelet Shaked and the entire national religious faction refused to negotiate either the wording or the timing of the new legislation, which had been approved by the government on Sunday.

A spokesman for Habayit Hayehudi told Srugim, “Interestingly, what the prime Minster hasn’t been able to do for an entire year we suddenly managed to do in three days.”

However, both Minister Kahlon and Coalition Chairman David Bitan (Likud) warned that the bill would be suspended should it meet resistance from the Supreme Court.

JNi.Media

Amona ‘Regulation Law’ Passed Unanimously by Ministerial Committee for Legislation

Sunday, November 13th, 2016

Despite an effort by Prime Minister Benjamin Netanyahu to prevent its passage, members of the Ministerial Committee for Legislation unanimously voted to approve the ‘Regulation Law’ on Sunday evening.

Passage of the bill in committee means the law now goes to the Knesset, where it still must pass three readings in order to make it into law.

Attorney-General Avichai Mandelblit has said there are legal problems with the law, which may be in conflict with international norms. He has told the committee he is not willing to defend the measure in Supreme Court on behalf of the government, should it be challenged.

The law calls for the government to financially compensate Palestinian Authority Arabs who claim private ownership of land on which Jewish towns have been built.

The law would retroactively legalize the status of Jewish communities in Judea and Samaria, and would prevent the demolition of the town of Amona. It would also stop the destruction of nine homes in the town of Ofra.

The proposed bill was sponsored by Likud Knesset member Yoav Kish, along with two Bayit Yehudi Knesset members, Shuli Muaelem Refaeli and Bezalel Smotrich.

Justice Minister Ayelet Shaked praised the decision. This government will normalize the settlements in Judea and Samaria, even against efforts by the far-left to engage in ‘lawfare’. The way to influence [policy] on the settlement map of Judea and Samaria is through elections, not through the improper means utilize by these groups today,” she said.

Hana Levi Julian

Bennett, Netanyahu, Clash over Amona, Regulations Act

Sunday, November 13th, 2016

Sunday’s cabinet meeting witnessed an escalation of the conflict between Prime Minister Benjamin Netanyahu (Likud) and Education Minister and Habayit Hayehudi Chairman Naftali Bennett, over the fate of a Jewish settlement named Amona in Samaria. The clock is ticking on the demolition of Amona and the evacuation of between 40 and 50 families, as decreed by the Supreme Court — no later than December 25, 2016. Bennett proposed the cabinet debate the proposed Arrangements Act, which compels Arab claimants to accept market value compensation for their land. Netanyahu attacked the idea, calling it “childish and irresponsible,” suggesting it might earn a moment’s relief, while his AG is trying to get a seven-month postponement from the court.

A whopping 25 out of Netanyahu’s 30 Knesset Members have signed a commitment to pass the Arrangements Act, which would force a war between the government and the high court. In 2014, the high court struck down a lower court’s judgement awarding $85,700 to 6 (anonymous) Arab plaintiffs who claimed they had been affected by the Amona settlement on their land.

Things went wild at the meeting when Minister Miri Regev (Likud) stated that “the Prime Minister has never said that he opposes the Arrangements Act.” Netanyahu turned to her and said, “I don’t need to be defended from the spins, both of politicians and the media.” At which point Regev continued, saying “it’s a shame Habayit Hayehudi are making it look as if only they support the arrangements and the Likud doesn’t.” So Bennett confronted the PM, asking if he really did support the proposed bill, and Regev exclaimed, “Of course he supports the Arrangements Act.” So Netanyahu turned on her, saying, “I don’t need your defense, Miri, we won’t waste our time on bloggers here.” And Bennett pressed in response, “Excellent, let’s vote on the bill,” so Netanyahu called him childish.

Habayit Hayehudi has been adamant on their plan to introduce the bill for approval by the Ministerial Legislative Committee, chaired by their own Justice Minister Ayelet Shaked, despite vociferous objections from AG Avichai Mandelblit. Netanyahu declared that introducing the bill now would harm his own petition that the Supreme Court postpone by seven months its decree against Amona.

Last week, Coalition Chairman David Bitan (Likud) was quoted as saying “there’s plenty of time to pass the Arrangements Act should the Supreme Court reject the state’s petition to postpone the evacuation.”

Bennett, who last week declared that Trump’s election meant the end of the Palestinian State, urged the Netanyahu government to take advantage of the change in Washington to push pro-settlement legislation. “It’s time to stop treating as second class citizens the tens of thousands of residents in Judea and Samaria who serve in the Army Reserves and pay taxes,” Bennett declared.

Habayit Hayehudi MKs Bezalel Smotrich and Shuli Mualem, who authored the Regulations Act, sent Netanyahu a letter urging him to “act in the window of opportunity that was created” and pass the bill. “The election results in the US have ended a complex relationship with the current administration and [made possible] the creation of a different relationship with the new administration,” the two MKs wrote, suggesting that “a combination of a new spirit in the White House and the fact that the US is in a period of transition in government have created a historic opportunity to confirm the Jewish settlement enterprise in Judea and Samaria.”

JNi.Media

Government to Reveal Lost Yemenite Children 2001 Committee Findings

Saturday, November 12th, 2016

The Netanyahu cabinet on Sunday is expected to approve the revelation of the findings of a 2001 state committee investigation of the disappearance of the children of Yemenite immigrants who arrived in Israel between 1948 and 1954. The proposal to expose the findings was initiated by Justice Minister Ayelet Shaked (Habayit Hayehudi), and MK Nurit Koren (Likud), who petitioned Prime Minister Netanyahu to appoint a minister-level official to examine the issue.

In May, Netanyahu appointed Minister Tzachi Hanegbi (Likud), whose mother, former MK Geula Cohen (Likud and Tehiya), is herself Yemenite. Now, as Hanegbi has concluded his examination, with the help of the state archivist and the Government Freedom of Information Unit of the Justice Ministry, the publication of the committee’s report will be voted on by the cabinet, and followed by a vote of the Knesset Constitution Committee.

According to the proposal, the classified protocols of the 2001 Cohen-Kedmi Committee, which began its investigations in 1995. This followed bloody clashes in Passover of 1994, between the followers of Yemenite Rabbi Uzi Meshulam and police. The Meshulam followers were barricaded in the rabbi’s Yahud home  for 52 days, until police raided the place, aided by snipers and helicopters. One man was killed in the clashes.

The government-appointed committee heard more than 850 testimonies in those seven years, 27 of which remain classified. The committee’s findings were issued in 2001 in a 1,828-page report. Regarding 979 missing babies, the committee concluded that they had concrete evidence that they had died, just as hospital staffs were telling their newcomer parents. But the committee said it had not been able to find evidence on 69 missing babies, and raised the possibility that they had been given to adopting parents by social workers, without consent or even knowledge of their biological parents.

At the time, the government placed a gag order on the content of the committee’s protocols until the year 2071, with the rationale of wishing to avoid additional pain to the parties involved. The proposal the cabinet is expected to approve on Sunday conditions the revelation of specific cases of illegal adoptions on the consent of the adopted person in question. Considering the fact that they are now in their sixties and even seventies, every such revelation will likely touch the lives of dozens of individuals.

Justice Minster Shaked said in a statement that “there is a major public interest in revealing this affair, and to exposing as many of the details as possible. The era of hiding information is over in this country.”

JNi.Media

Shaked to Victorious Trump: Let’s Move that Embassy to Jerusalem!

Wednesday, November 9th, 2016

Israeli Justice Minister Ayelet Shaked (Habayit Hayehudi) on Wednesday morning issued a statement calling on President Elect Donald Trump to make good on his campaign promise to move the US embassy from Tel Aviv to Jerusalem.

“I congratulate US President Elect Donald Trump, a true friend of Israel,” Shaked said. “I’m certain Trump will know how to courageously navigate the free world to successful destinations in the war against world terrorism. This is an opportunity for the American Administration to move the United States’ embassy to Jerusalem, Israel’s eternal capital city.”

Shaked noted that “such a move would symbolize the tight connection and deep friendship between our two countries.”

Back in October, Ivanka Trump told assembled members of The Shul of Bal Harbour in Surfside, Florida, that her father would “100 percent” move the US embassy to Jerusalem should he be elected president.

A year ago, in an appearance before the Republican Jewish Coalition, Trump would not go on record as recognizing Jerusalem as Israel’s capital, but last January he said the city was “the eternal capital” of Israel and that he was “100 percent for” moving the US embassy there from Tel Aviv.

The Jerusalem Embassy Act of 1995 was passed by Congress on October 23, 1995, calling for initiating and funding the relocation of the Embassy of the United States in Israel from Tel Aviv to Jerusalem, no later than May 31, 1999. Congress even attempted to withhold 50% of the State Department budget for Acquisition and Maintenance of Buildings Abroad until the United States Embassy in Jerusalem had officially opened. The same act also called for Jerusalem to remain an undivided city and to be recognized as the capital of the State of Israel.

Since its passage, the law has never been implemented by Presidents Clinton, Bush, and Obama, who saw it as an infringement on their constitutional authority to conduct foreign policy. To add insult to injury, all three, Clinton, Bush and Obama, had pledged on their campaign trails to move the embassy to the “eternal city.”

JNi.Media

Shaked Blinks First But Wins Advantage in Contest with High Court President

Sunday, November 6th, 2016

The mark of a statesman—or, in this case, a stateswoman—is their ability to retreat momentarily for the sake of future victories. In her very public and very aggressive contest against Supreme Court President, Justice Miriam Naor, Justice Minister Ayelet Shaked (Habayit Hayehudi) collected her winnings and stepped back, knowing she was not yet prepared to pay the full price of a complete victory.

Shaked is spearheading several concurrent moves, all of which have provided the context for a proposed bill by Yisrael Beiteinu MKs—with Shaked’s blessings—to deprive the Supreme Court members of the Judicial Appointments Commission of their veto power over Supreme Court candidates. The moves the Justice Minister was advancing behind the cover of the new bill were a Netanyahu cabinet request for a 7-month delay of the decree to demolish the Amona community in Samaria; a new Regulation Act to compel Arab claimants who prove they own the land belonging to Jewish communities to accept market value as compensation; and a list of appointments to the Supreme Court which the current Court members loath.

Last week, Justice Naor lost her cool, sending a leaked letter to Shaked telling her the proposed Judicial Appointments Commission bill was tantamount to placing a gun on the table. On Sunday the two women met and Shaked eventually consented to putting a temporary lid on her bill — depending on how well the court would deal with her proposed appointments to replace four retiring justices—that’s 4 out of 15—in 2017.

Shaked’s candidates are considered brilliant, and they are also critical of the judicial activism of the court over the past 40 years, since the Likud party for the first time won a decisive electoral victory and relegated the Labor party to what eventually became a perpetual seat with the loyal opposition.

There’s Prof. Gideon Sapir from Bar Ilan University, who has voiced his loud criticism of the high court for neglecting the national component in their decisions. Sapir was harsh in his criticism of the court’s support for the uprooting of Gush Katif’s Jews in 2005.

Then there’s Judge Yosef Elron, who enjoys the backing of Finance Minsiter Moshe Kahlon (Kulanu) who is a member of the appointments committee, and also the support of the two members of the bar on the committee. The justices don’t like Elron and prefer to appoint in his place an insider, one of their own, Ron Sokol, the son-in-law of former Supreme Court Justice Theodor Or.

Shaked’s list of 28 candidates also includes Professor Aviad Hacohen, who writes the judiciary column for Shledon Adelson’s daily Israel Hayom, as well as Tel Aviv District Court Judge George Karra, Tel Aviv District Court Judge Chaled Kabub, Tel Aviv District Court Judge Dr. Michal Agmon-Gonen, Central District Court Judge Menachem Finkelstein, Haifa District Court Judge Yael Willner, Tel Aviv District Court Judge Ruth Ronnen, Central District Court Judge Prof. Ofer Grosskopf, Central District Court Judge Michal Nadav, Jerusalem District Court Judge Tamar Bazak Rappaport, Tel Aviv District Court Judge Gilad Neuthal, Official Receiver General Prof. David Hahn, Adv. Asaf Posner, Prof. Aviad Hacohen, Tel Aviv District Court Judge Dr. Kobi Vardi, Tel Aviv District Court Judge Shaul Shohat, Nazareth District Court Judge Asher Kula, Jerusalem District Court Judge Nava Ben-Or, Jerusalem District Court Judge Ram Winograd, Jerusalem District Court Judge David Mintz, Jerusalem District Court Judge Moshe Sobel, Jerusalem District Court Yigal Mersel, Prof. Haim Sandberg, and Prof. Shahar Lifshitz.

Shaked’s final four will likely include two rightwingers, an Arab and a centrist woman, such as Judge Tamar Bazak Rappaport, who also serves, as Vice Chairman of the Anti-Trust Tribunal, which deals with issues of cartels, monopolies and mergers.

Of the two rivals, Shaked turned out to be the one speaking softly and holding a big stick behind her back. Naor was loud and blustery, and it looks like she got her way — for now. But Shaked did not put down her big stick, and in the long and exhausting struggle the country’s judiciary will be undergoing soon, she likely plans to bring home a few wins.

David Israel

Printed from: http://www.jewishpress.com/news/breaking-news/shaked-blinks-first-but-wins-advantage-in-contest-with-high-court-president/2016/11/06/

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