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August 26, 2016 / 22 Av, 5776

Posts Tagged ‘law’

MK Amsalem to Propose that Prime Ministers Be Immune from Prosecution for Minor Offenses

Wednesday, August 10th, 2016

By Ilana Messika/TPS

Jerusalem (TPS) – Chairman of the Knesset Internal Affairs and Environment Committee MK David “Dudi” Amsalem (Likud) declared on Tuesday that he intends to propose a new bill during the winter session which would prohibit criminal investigation of the prime minister for minor offenses that would carry less than a six-month prison sentence.

“Being the prime minister of Israel is the most important job in the country,” wrote MK Amsalem in a Facebook post. “He cannot be busied with investigations on a daily basis. There has not been one prime minister in the last thirty years that has not been involved in investigations—from Rabin and his wife’s Dollar Account affair to Barak and the NGOs to Sharon’s Greek island, Olmert and his travels, Netanyahu and the gifts and bottles, and so on.”

The proposal also follow on the heels of the recent investigation opened against Prime Minister Netanyahu who allegedly approached an advertising office in 2007 with the aim of purchasing advertising space in the Arab press for his political war against former Labor leader Ehud Barak.

The Israel Police also recently began probing allegations that the prime minister’s wife, Sara Netanyahu, had accepted expensive gifts as part of a greater corruption scheme.

“Nevertheless, since it would be inappropriate for the prime minister not to answer for those crimes, it is proposed that the duration of the rest of his term not be counted within the period of the statute of limitations and it will as such be permitted to prosecute him on the matter after his term ends.”

According to the Likud, the new law would not be applicable retroactively, meaning that it would have no effect on the investigations currently being conducted against Prime Minister Netanyahu. As such, Netanyahu’s son, Yair, is soon to be called to testify to the police about the allegations against his father.

The initiative sparked great controversy within the political arena. “No one is above the law,” said Zionist Union MK Tzipi Livni. “Investigations are not detrimental to the public, but to its benefit, as it is deserving of an immaculate leadership. An honest prime minister would reject such a proposal.”

Meretz MK Zahava Galon also criticized the bill, claiming that “MK Amsalem’s proposal will turn the Prime Minister’s Office into a sanctuary for criminals.” Yesh Atid MK Karin Elharar sarcastically suggested to “just crown him Sultan.”

Members of the Constitution, Law, and Justice Committee told TPS that they did not wish to comment on the matter at present.

TPS / Tazpit News Agency

Complying with Ottoman Law, IDF Panel Revokes Jewish Community’s Land Ownership

Monday, August 8th, 2016

The IDF Appeals Committee in Judea and Samaria has ruled recently that the 2013 declaration of an area of some 55 acres in the vicinity of Kokhav Ya’akov, between Jerusalem and Ramallah, as state land is null and void, because the process of making the acquisition was improper, Ha’aretz reported Monday. The military panel was also critical of the lack of transparency in making the declaration public — meaning that it was being kept out of PA Arabs’ earshot.

The panel’s ruling on an appeal by NGO Yesh Din on behalf of alleged Arab land owners, is more a judicial recommendation to the IDF in the area than a compelling decision, but should the declaration of state land be appealed in the Israeli Supreme court — as it surely will be — the panel’s decision would influence the justices’ ruling.

The grounds for dismissing the government acquisition of the land has to do with its failure to adequately comply with Ottoman Law — a remnant of the Turkish government’s rule over these lands before 1918, which continues to be the law of the land; and will continue to be so as long as Israel fails to impose Israeli law on Area C, where Jews live.

Ottoman law says that a man can establish claim to his land if he can show that he has been tilling it for the previous ten years. The state tried to comply with the law by providing aerial photographs of the area from 1969, showing clearly that the land was not being cultivated.

However, the dissemination of lands to local Arabs by King Hussein, who ruled the area from 1949 to 1967, took place in 1961. So the panel ruled that the aerial photos proving the land was not being cultivated had to be from before 1961, and, according to the state, such photographs could not be found.

There are photographs from 1944 showing that some of the land was being tilled then.

The judges wrote that they were not convinced the state had made the full effort to discover those 1956 aerial photographs, and that without them the panel must rule that the situation back in 1944 continued uninterrupted through 1961. Of course, the decision to require a photograph from before 1961 assumes that when King Hussein handed over lands to the heads of local Arab clans (whom he viewed as a source of potential rebellion) — he had the right to give those lands away. But Hussein was never recognized universally as the sovereign of the “West Bank,” which was considered an occupied territory, along the 1949 armistice border with Israel.

Local residents of Kokhav Ya’akov say they have also purchased the land, but regardless of the ownership papers they would present to the high court, organizations like Yesh Din will rustle up a group of Arab claimants to the land, with papers freshly minted by the Palestinian Authority in Ramallah showing the land belongs to them.

According to NGO Monitor, Yesh Din operates on an annual budget of $1.58 million, provided by the EU, UK, Sweden, Switzerland, Denmark, the Netherlands, Norwegian Refugee Council, Catholic Agency for Overseas Development, HEKS (Switzerland), Norway, Ireland, Germany, and Oxfam-Novib (Netherlands).

David Israel

Knesset Passes Law Killing Core Curriculum Requirement

Tuesday, August 2nd, 2016

The Knesset Plenum late Monday night passed a law which annuls the requirement to teach the “Core Curriculum” in Haredi schools. The government-sponsored bill was merged with a proposal submitted by MK Moshe Gafni (United Torah Judaism) and a group of Knesset members.

41 MKs voted in favor of the amendment to the curriculum law in its second and third readings, and 28 opposed. The curriculum law, submitted by the Yesh Atid party in 2013, aimed to slash state funding for some Haredi institutions down to 35% from the 55% of the budgets that Israeli schools that comply with the core curriculum requirement receive.

Instead of requiring the Haredi schools to teach 10 to 11 hours of secular studies per week, as the Yesh Atid law stipulated, the new law now gives the Education Minister the authority to fund these institutions, regardless of their attention to subjects like English as a second language, math, and the sciences.

It should be noted that those Haredi schools that rejected the government-imposed of a Core Curriculum did so not necessarily because they object to teaching their students many of the subjects on the list, but the very idea that a secular authority insert itself into the intellectual and, inevitably, spiritual milieu of their students. Teaching of “secular studies” is practiced in most Haredi educational institutions around the world.

JNi.Media

Rabbi Weberman Hosts Law Enforcement Luncheon

Monday, August 1st, 2016

Rabbi Pinchas Weberman recently hosted a luncheon honoring law enforcement in South Florida. The delicious buffet was held in Miami on Thursday, June 23. Rabbi Weberman is the spiritual leader of Ohev Shalom Synagogue in Miami Beach, president of the Orthodox Rabbinical Council of South Florida and chaplain to the Bureau of Alcohol, Tobacco and Firearms as well as the Miami Beach and Miami-Dade County police departments. The rabbi is known as the liaison between the Jewish community and law enforcement.

 

Rabbi Pinchas Weberman (far right) with members of South Florida law enforcement.

Rabbi Pinchas Weberman (far right) with members of South Florida law enforcement.

 

Members of local police departments, ATF, drug enforcement, U.S. Secret Service, State Attorney’s office, and the Coast Guard were among the attendees at the event.

Warm friendship, lively conversation, good food – and a few very short speeches – made for a really special afternoon.

Shelley Benveniste

Law And Order – Or Chaos?

Wednesday, July 27th, 2016

If a novice were to ask for my counsel about going into public service and running for higher office, I would start with this tidbit of advice: Pick a side. You are either for law and order or you’re against it.

And if you’re against law and order, find another career path. Elected officials owe it to their constituents to hold the law and those who defend it in the highest regard.

As we saw with the events surrounding Occupy Wall Street, certain elected officials – to say nothing of some community leaders – are too quick to ride populist waves, sowing seeds of anger and tacitly encouraging lawlessness and violence. And now, as this summer of discontent unfolds and policemen are randomly assassinated in the streets, precisely because they are policemen, many are wondering how it ever got this far, while in fact we should be worrying about how much further it will go… and for how long.

But it doesn’t have to be this way.

In Pirke Avot 3:2, Rabbi Chanina the deputy high priest taught, “Pray for the welfare of the government, for were it not for the fear of it, men would swallow one another alive.”

In 1964, pressured by a non-violent civil rights movement and under the leadership of President Lyndon Johnson, Congress passed the Civil Rights Act of 1964, which prohibited segregation in public accommodations and made discrimination in education and employment illegal. In 1965 Congress passed the Voting Rights Act, which suspended the use of any voter qualification devices that prevented blacks from voting. Other civil rights battles still lay ahead, but the civil rights movement had used a campaign of nonviolent actions to end centuries of open, legal racism in the United States.

A half-century later, we’ve allowed a quest for justice to devolve into absurd political correctness. Being pro-equal rights does not mean having to tolerate crime, regardless of the race of the perpetrators, or of the victims. Being anti-prejudice should not require blindness to facts or tolerance of abhorrent happenstances.

Those who are kind to the cruel will eventually be cruel to the kind. When we tie the hands of our police, we make it impossible for them to effectively protect our citizens. When we take away police-recommended (and highly effective) measures like stop and frisk from law enforcement, we make it harder (and sometimes impossible) for them to enforce the law.

But this is what our elected officials did. And in so doing, they encouraged some people to hate the police. The president of the United States, above all other U.S. elected officials, should be an icon of law and order for all of us. But how many of our citizens – even his political supporters – regard him that way? His refusal to condemn groups that encourage violence against police amounts to a deafening silence. How much the more so other elected officials closer to home?

First they sow seeds of discontent, then we all reap the whirlwind.

Clearly, as we define deviancy down (as Senator Daniel Patrick Moynihan phrased it) and watch the disintegration of law and order in America – as public urination is decriminalized in our city and police are shot at all over our nation – the connection should be clear.

One definition of insanity is doing the same thing over and over and expecting different results. Perhaps it’s time to consider a new direction – respect for the police and law and order – and find more satisfying outcomes.

State Senator Simcha Felder

Knesset Passes Law Assigning Running State Mikvahs to Chief Rabbinate

Tuesday, July 26th, 2016

Following a lengthy debate and numerous objections, on Monday night the Knesset plenum passed the amended Jewish Religious Services Bill by a 41 to 35 majority. The amended law, proposed by MK Moshe Gafni (United Torah Judaism) and endorsed by several MKs, will require that state-run mikvahs-ritual baths be subject solely to the directives of the Chief Rabbinate. The law will take effect within nine months of its passage in order to allow preparation for the new amendment.

The explanation attached to the bill reads, “Since the inception of the State of Israel, the mikvahs have been used for halakhic traditions and customs, and for this purpose they were allotted public funding for construction and maintenance. In the wake of petitions by entities wishing to destroy the accepted foundations of Judaism that have been in existence for thousands of years, the High Court has ruled that various sects should be permitted to use the mikvahs to their various ends.”

MK Aliza Lavie (Yesh Atid) said that “this is the first time that a mikvah, which is a place of purity, has become a place of exclusion. We view this as discrimination under primary legislation.”

“Others who are hurt by this are, of course, our Jewish brothers and sisters in the Diaspora,” Lavie continued. “Once again they receive the ‘heartwarming’ message that the State of Israel doesn’t count them in. Not at the Western Wall, or in marriages, or in conversions, and now at the mikvahs, too — you have no place in the State of Israel.”

“This law is neither Jewish, nor legal, nor democratic,” Lavie added.

Meretz Chair MK Zehava Galon said the law is part of a “battle over the face and character of Israeli society.” Turning to the ultra-Orthodox MKs, Galon said, “You feel threatened? Why? Because someone is trying to undermine your monopoly over the Rabbinate, over Orthodoxy, over a pluralistic and equal life here?”

MK Ksenia Svetlova (Zionist Camp) said, “Prime Minister Benjamin Netanyahu has stated so many times that every Jew, wherever he may be, should consider Israel his national home. So what do they do in order that a Jew feel at home in Israel? They do not allow him to wed in a civil marriage; they do not allow him to be buried next to his loved ones if he is defined as someone who is not worthy of burial in a Jewish cemetery; they do not allow him to convert in an appropriate and respectful manner; and then they pass the Mikvah Law which deals a devastating blow to all those who underwent a Reform or Conservative conversion, which is about 20 percent of all converts.”

MK Yehuda Glick (Likud), who is an Orthodox rabbi, also expressed his objection to the legislation. “MK Gafni, why does it bother you that a Reform woman immerses in a mikvah?” Glick asked the bill’s author. “She does not stop you from immersing. Why do we need this divisiveness? You said the Jewish Agency will build mikvahs (for the non-Orthodox), but a representative of the Agency told me they do not plan to build any,” he said. Glick held a 30-second moment of silence in the plenum in protest of the legislation.

MK Gafni argued back, saying his law is not discriminatory. “All the claims made here that this constitutes a ‘selection’ are baseless,” he said, adding, “There was a violation of the status quo by the High Court of Justice; we asked that the status quo not be violated. Reform Jews in the US don’t have a single mikvah. All of a sudden they need a mikvah over here? This law aims to prevent the Reform from getting this legitimization through the back door.”

Jewish Agency of Israel Chairman Natan Sharansky has released a statement in response to the passage of the bill, saying, “This bill, which offers no solution to the non-Orthodox denominations, circumvents the rulings of the High Court of Justice. It is unfortunate that the bill passed before such a solution was ensured.”

JNi.Media

After Filibuster Knesset Passes ‘Dismissal Law’ Empowering It to Oust Sitting MK

Wednesday, July 20th, 2016

The Knesset late Tuesday night passed into law a bill that allows it to remove a sitting lawmaker from office. According to the so-called “Impeachment Law,” which passed by a 62 to 45 vote, the Knesset can oust a legislator for incitement to racism and support of armed struggle against the state—which many in Israel’s media have said makes the law all but tailor-made for the inequities of one MK — the vociferous Haneen Zoabi (Joint Arab List). Incidentally, since Zoabi’s own party members have already ousted her from a realistic spot for the next Knesset elections, it is doubtful the law will be employed any time soon.

Another obvious reason why the new law is unlikely to be used in the foreseeable future is the fact that it requires a majority of 90 lawmakers to launch expulsion proceedings, following which the votes of 70 out of the 120 MKs are required to oust a sitting legislator, and those votes must include 10 opposition lawmakers.

So the new law is all for show.

The vote itself Tuesday night was great parliamentary theater, as opposition MKs who had submitted hundreds of objections to the bill, which they were set to discuss into the wee hours, suddenly withdrew them in a hurry and demanded the vote be held immediately, when they realized that the 66-seat coalition did not have enough members present to pass the vote. But the coalition whips were not born yesterday, and they managed to filibuster the vote until enough lawmakers had been rustled in to guarantee a majority.

The filibuster method they used was perhaps less elegant than those late night readings of the Cat in the Hat by US Senators, but it was just as effective: Likud Minister Ze’ev Elkin stood at the podium and repeated the phrase: “Today it has become clear that the Labor party and Yesh Atid work for Haneen Zoabi. You should be ashamed of yourselves.” He just kept saying this mantra until enough coalition MKs had arrived.

Opposition leader MK Isaac Herzog (Zionist Camp) said about the new law: “There will be a big stain on the Knesset if we allow this law to pass.”

Knesset Constitution, Law and Justice Committee chairman MK Nissan Slomiansky (HaBayit HaYehudi) opened the debate over the new law, saying, “The Knesset will no longer be a shroud for terrorism and racism. Members of the Knesset whose salary is paid by the state cannot use it to undermine the state’s foundations.” He added: “If there is an MK who is thinking of being involved with racism, I hope this law will deter him and we will not have to use it.”

Opposition MKs said the law itself was racist, targeting as it does an Arab House member, which would technically mean that MK Slomiansky could become the first target of the Dismissal Law, in an M. C. Escher-like serpentine of parliamentary cause and effect.

Under the law, an MK may not face impeachment proceedings during an election campaign, 180 days before Election Day.

The impeachment proceedings would begin with a request which shall be submitted to the Knesset Speaker. The Speaker will pass the request to the Knesset Committee for discussion. Approval of the request will require support from a three-quarter majority of the Knesset Committee members. After approval by the committee, the request shall be submitted for final approval by the Knesset plenum.

JNi.Media

Printed from: http://www.jewishpress.com/news/breaking-news/after-filibuster-knesset-passes-dismissal-law-empowering-it-to-oust-sitting-mk/2016/07/20/

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