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December 11, 2016 / 11 Kislev, 5777

Posts Tagged ‘law’

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

New Israeli Law Compels Couples to Undergo Counseling Before Divorce

Sunday, July 17th, 2016

As of Sunday, a new Israeli law titled the Domestic Dispute Settlement Act requires couples to make an attempt to resolve their disputes through peaceful means before they can embark on divorce proceedings. The new law is the result of a collaboration between Justice Minister Ayelet Shaked (Habayit Hayehudi), Minister Yariv Levin (Likud), and MKs Shuli Moalem-Refaeli (Habayit Hayehudi), Merav Michaeli (Zionist Camp), and Aliza Lavie (Yesh Atid).

Minster Shaked said in a statement about the new law: “It is our duty to protect the children, and I’m sure this is what the parents want more than anything else. In the end they remain parents even when they are no longer a couple.”

According to the new law, before a couple is allowed to start divorce proceedings, the couple must engage in up to four meetings, at the state’s expense, to try to resolve their differences through peaceful mediation in order to avoid dragging their disputes to court. The couple’s first meeting will be in a therapeutic setting, without their attorneys present. During this initial meeting the support unit will determine the character of the next three meetings — whether the couple should engage in more therapy without their lawyers, or should move ahead to mediations, with their lawyers present.

The process of having the therapeutic and/or mediation meetings before being able to file for divorce will take 45 days.

MK Michaeli believes the new law will cut down the number of divorces in Israel. “The dispute will begin, instead of with courtroom wars, with a session at the nearby support unit, where the couple will arrive for four meetings at the state’s expense, completely confidential, where they’ll receive information on ways to manage their dispute without starting world war three and without tearing up their children,” MK Michaeli said.

Some couples who are already in the midst of their divorce proceedings have told Army Radio that the new law is ineffective and only complicates things. The new law is also not a favorite of divorce lawyers, who have been enjoying a bonanza in recent years, with the rate of divorce in Israel soaring.

Some women’s advocates have argued that in cases of a violent husband who beats up his wife and engages in vindictive action against her, the 45 days of therapy will only extend the woman’s suffering.

JNi.Media

Official: Israeli CEO Salary Cap Law May Result in Hundreds Fleeing Banking Industry

Monday, June 20th, 2016

As many as 80 senior employees at Israel’s two largest banks, Hapoalim and Leumi, are threatening to leave shortly, in response to a new law capping the salaries of senior bank officers, Israel Army Radio reported Monday. The report cites a letter from the Supervisor of Banks in Israel Bank Hedva Bar to Justice Minister Ayelet Shaked (Habayit Hayehudi), which warns that as many as 215 senior bank administrators are expected to retire from the two top banks. Bar added that in the rest of Israel’s banks the numbers of departing administrators would be smaller.

So far Bank Hapoalim CEO Zion Keinan and the number two administrator at Bank Leumi Danny Tsiddon have already retired, and according to Bar there are 39 high ranking administrators at Hapolalim and 43 at Leumi who are at a very high risk of retiring.

These figures are particularly worrisome to Bar, who wrote that such mass departure could expose the banks to a real crisis — a managerial breakdown as well as a loss of knowledge and experience. The banks are preparing for such a scenario and have set aside the funds in case all these CEOs would be leaving close to one another and the banks would have to lay out their severance pay all at once — about $70 million.

Meanwhile, the banks have lost their first appeal to the Supreme Court against the salary cap law. And the Knesset, the Finance Ministry and Israel Bank have informed the court that they object to an interim ruling on the senior CEO salary cap law. The banks were asking for the time out to try to figure out whether the salary cap would include the severance and pension benefits the senior bank administrators have accumulated — would those funds also be limited to $650 thousand a year like the capped salaries? The banks fear that if the caps apply retroactively and include severance pay and pensions, a much larger number of bank officials would be seeking to leave before the law goes into effect in October.

The Knesset and the State argued in court that the banks are actually requesting the suspension of a law that otherwise passes constitutional muster in the eyes of the high court — something the court has applied on very rare occasions in the past.

The Knesset and the State also told the court that, assuming the appeal hearings would take roughly three weeks, this should be ample time for the banks to figure out the intricacies of the law and whether or not it applies retroactively.

JNi.Media

Tunnel Digging Part of New War on Terror Law Passed by Knesset

Thursday, June 16th, 2016

The Knesset on Wednesday night, following a lengthy debate, passed in a second and third and final vote the War on Terror Law 5776-2016,by a 57 to 16 majority. The new law includes stricter punishment for terrorists and expands the state’s legal means of fighting them, including, for the first time, making digging a tunnel for terrorist purposes a criminal act.

The new law eliminates the emergency regulations which have been used since the establishment of the state. One of the new law’s provisions says that the punishment of a terrorist sentenced to life in prison may not be reconsidered during the first 15 years. It also punishes with 5 years’ imprisonment the direct incitement or encouragement for acts of terrorism. The new law does not require proof of any actual act of terrorism that resulted from the incitement.

The new law authorizes the defense minister to impose administrative forfeiture of the property of individuals suspected of security violations. It also empowers government to prevent an attorney representing two clients involved in the same investigation from meeting his clients. The law also imposes seven years’ imprisonment on a person threatening to carry out a violation that would be punishable by a life sentence.

The new law also revises the court procedures in terrorism cases, including interviewing a witness outside court, pre-trial testimony, statute of limitation on terrorist acts, detention of a security suspect, diversions from the rules of evidence, and concealed evidence.

Altogether, the new law cancels out two laws, two orders, and dozens of emergency Defense Regulations. It also modifies a long list of sub-items in as many as 14 existing laws.

Constitution Committee chairman MK Nissan Slomiansky (Habayit Hayehudi) who presented the bill for its final vote said that the conformation of the new law nullifies “60 laws and rules dating back to King George VI, so this is a kind of Day of Independence.” He praised the new law for emanating directly from Israel’s real, everyday experiences, “the real life in the State of Israel.”

MK Zahava Gal-On (Meretz) said that the only way to fight terrorism effectively is to eliminate the motivation for terrorism. She voted against the bill , saying, “I think it won’t do one thing: it won’t really provide tools for the war on terror, instead it will place us yet again on the list of countries that take advantage of a democracy’s ability to carry out anti-democratic legislation.”

The Arab MKs objected to the new law, saying it was anti-Arab rather than anti-terrorism. But MK Yoel Hasson (Zionist Camp) said in response that despite the fact that the law is complex, it is an Israeli law and not an anti-Arab law, “and it’s a law intended to protect all the citizens of Israel, since terror, if I may remind you, my friends, does not tell the difference between those sitting by this table or the other.”

JNi.Media

Knesset Extends Law Limiting Arab Family Reunification in Israel

Tuesday, June 14th, 2016

The Knesset plenum on Monday extended by a year an emergency provision that restricts the ability of residents of Iran, Afghanistan, Lebanon, Libya, Sudan, Syria, Iraq, Pakistan, Yemen, and the Arabs of Judea, Samaria and the Gaza Strip to automatically gain legal status in Israel under the Family Reunification Law.

The Family Reunification Law grants automatic legal status to foreign nationals who marry Israeli citizens. The provision to the law, the Citizenship and Entry into Israel Law, was first enacted in 2003 at the height of the Second Intifada. While the Supreme Court banned the provision from being permanently added, the Knesset has voted to extend the temporary act as an emergency measure every year since 2004.

Sixty-five MKs voted in favor of extending the provision until June 20, 2017, while 14 opposed.

“In the war against terror there is no one switch that stops all the attacks; there are a number of switches, and one of them is the Citizenship and Entry into Israel Law, which was enacted in 2003 during the Second Intifada, when hundreds of Israelis were murdered and thousands more were injured in terror attacks,” said MK Avi Dichter (Likud), chairman of the joint committee of the Foreign Affairs and Defense Committee and the Internal Affairs Committee, which discussed the various aspects of the provision.

“One way of dealing with this is self-flagellation, which has become popular as of late,” Dichter continued. “There are those who say we treat the Arabs as an inferior race and compare us to Nazi Germany. A mayor became a star on Al-Jazeera when he said the terror attack in Tel Aviv was the result of the occupation. A ‘we apologize for winning’ attitude has been created here. The other way is to understand that the barrel of terror has a bottom. There are ways to fight terror, and this law is one of them.”

Ahead of this year’s vote to extend the act, the joint committee heard testimony from experts and security officials on the effects of the provision.

A representative of the Shin Bet internal security service said those seeking reunification with family members in Israel pose a security risk due to the possibility that they will be used to carry out terror attacks or engage in espionage. According to the Shin Bet, 104 citizens or legal residents who had been brought into Israel under the Family Reunification Law had committed acts of terrorism from 2001 to 2016. Of those 104, 17 had married Israeli citizens, while 87 were relatives of those who had married Israelis.

The Shin Bet official also noted that residents brought into Israel under the Family Reunification Law were playing an increasing role in terrorism. He noted that 73% of terrorists with Israeli citizenship who had committed acts of terror against Israelis since the beginning of the terror wave last September were brought in as part of family reunification.

Of the 104 terrorists who entered Israel in this manner, 30 had committed terror attacks over the past nine months. He also noted they were responsible for 13% of all terror attacks in the recent terror wave.

During Monday’s plenary debate, MK Osama Sa’adi (Joint Arab List) called the law “the most racist in the Israeli book of laws,” and said the statistics presented to the joint committee were misleading because residents of eastern Jerusalem who took part in terror attacks over the past year have nothing to do with family reunification. “In practice, barely one out of every 1,000 people who carried out terror attacks since 2003 are living here by virtue of family reunification,” Sa’adi told the plenum.

JNi.Media

NY Gov Signs Anti-Boycott Law then Joins 52nd Israel Parade in Pouring Rain [video]

Sunday, June 5th, 2016

It was dry and cozy at the Harvard Club in Manhattan, where NY Gov. Andrew M. Cuomo on Sunday announced a new executive order that bans companies supporting a boycott of Israeli products from doing business with NY State agencies. Outside, on Fifth Avenue, the stubborn marching groups of the 52nd annual Celebrate Israel parade were pushing ever forward under the persistent rain.

Gov. Cuomo spoke to an audience that included many Jewish leaders and lawmakers, describing the BDS movement as an “economic attack” on Israel. “We cannot allow that to happen,” the governor said, according to the NY Times. “If you boycott against Israel, New York will boycott you.”

Mr. Cuomo signed the executive order, and then joined the wet masses in the parade.

The BDS usual suspects, such as the movement’s Qatari founder Omar Barghouti, called Cuomo’s move part of Israel’s “legal warfare against BDS,” and complained that Israel was trying to “delegitimize the boycott.” Mostly because the boycott represents an effort to delete, not just delegitimize Israel.

The governor later tweeted: “What a great honor it was to march in the @CelebrateIsrael parade today.”

It may have rained on Sunday in Manhattan literally, but it didn’t rain on Israel’s parade figuratively, as the Broadway Cast of Fiddler on the Roof, the band SOULFARM, – the Paprim Ensemble Dancers of Israel Dance Institute, and the Maccabeats — to name but a few — did their thing down the avenue.

Marching Bands included NYC Police, Cadets, Fusion Core, Saint Brigades Drum & Bugle Corps, Connecticut Hurricanes, Bushwhackers Drum & Bugle Corps, Long Island Sunrisers Drum & Bugle Corps, Upper Schuylkill Marching Band, Raiders Drum & Bugle Corps, Excelsior Drum & Bugle Corps, and Skyliners.

The parade featured floats and vehicles from the American Committee for Shaare Zedek Medical Center, American Friends of Magen David Adom, American Technion Society, American Zionist Movement, Ariel University, Avi Chai Foundation, Bank Leumi, Bnei Akiva of the United States and Canada, Carmel, EL AL & Israel Ministry of Tourism, Gift of Life Marrow Registry, Dr. Felix Glaubach & Family, Hazon, Hebron Fund, Hillel Yeshiva, IDB Bank, IDT Corporation, Israel Bonds, State of Israel, Jfiix, Jewish Agency, Jewish Community Relations Council of New York, Jewish National Fund, Kars 4 Kids, Kids of Courage, Nefesh B’ Nefesh, One Israel Fund, Russian American Jewish Experience, Sephardic Heritage Alliance Inc. & Iranian American Jewish Federation, Stand With Us, and UJA-Federation of NY.

Finally, this is the complete list of the marching groups:

92nd St Y/Jdate
AJC-American Jewish Committee
American Russian Jewish Community Cluster /COJECO
American Veterans of Israel Legacy
AIFL-American Israel Friendship League
ARZA
ASHAR
AZM
Barkai Yeshivah
Ben Porat Yosef
Berman Hebrew Academy – Rockville, MD
Bi-Cultural Day School
B’nai Jeshurun
Bnei Akiva of US and Canada
Boy/Girl Scouts of America
Brandeis School
Camp HASC
Carmel Academy
Center for Jewish Life
Chai Riders
Congregation Or Zarua
Cyprus Federation of America
Eagles Wings Ministries
East Midwood Hebrew Day School
Ezra Academy
Friends of Israel Scouts – Tzofim Tzabar
Friends of the IDF
Friends of Yashar LaChayal /East Brunswick Tri-Synagogue Alliance
Frisch School
Golda Och Academy
H.E.S. Hebrew Educational Society
HAFTR Lower/Middle/High School
HALB Middle School
HALB DRS
HALB SKA
HANC
Hannah Senesh Community Day School
Hazon
Heschel School
Hillel International
Hillel Yeshiva/HS
JAFI – Jewish Agency International Development
JCRC – Long Island
Jewish Educational Center
Jewish Educational Center – Bruriah
Jewish Educational Center – Mesivta,
Jewish Federation Northeastern, PA
Jewish Federation of Greater MetroWest, NJ
Jewish Federation of North NJ
Jewish Federation Rockland County
Jewish Foundation School
Jewish War Veterans of the USA
Joseph Kushner Academy/Rae Kushner HS
Jscreen
Kinneret Day School
LGBT Cluster
Lone Soldier Center
Lower Merion Cluster
Ma’ayanot Yeshiva HS for Girls
Magen David Yeshiva Celia Esses High School
Magen David Yeshivah  (2015 Winner)
Maimonides Academy – Los Angeles
Manhattan Day School
Manhattan Jewish Experience
Marks Jewish Community House
Marlboro Jewish Center
Monmouth County – Federation from the Heart of NJ
Moriah School
National Conference of Shomrim Societies
Northeast Queens JCC
Northshore Hebrew Academy Middle/High Schools
OHEL Children’s Home & Family Services / Camp Kaylie
OU/Yachad/ NCSY
Progressive Cluster
Rabbi Arthur Schneier Park East Day School
Rabbi Pesach Raymon Yeshiva  (2015 Winner)
RAJE
Ramaz School Middle/High Schools
Rambam Mesivta – Midreshet Shalhevet
Rosenbaum Yeshiva of North Jersey
SAR Academy/High School
SHAI
Shorefront YM-YWHA
Shulamith School for Girls – Cedarhurst
Shulamith School for Girls of Brooklyn
Skaters and Bladers in Memory of JJ Greenberg
Solomon Schechter Day School of Bergen County
Solomon Schechter School of Long Island
Solomon Schechter School of Manhattan
Solomon Schechter School of Queens
Solomon Schechter School of Westchester
Team Lifeline (Chai Lifeline)
Temple Beth Abraham
Temple Israel of Great Neck
Temple Sholom of West Essex
Torah Academy of Bergen County -TABC
UJ Federation of Greater Toronto
United Congregations for Israel
United Mashadi Jewish Committee of America – UMJCA
United Synagogue of Conservative Judaism/USY
Volunteers for Israel
Westchester Day School  (2015 Winner)
Westchester Hebrew High School
Westchester Jewish Council
Yavneh Academy  (2015 Winner)
YB Hillel of Passaic
Yeshiva at the Jersey Shore/Congregation Brothers of Israel
Yeshiva Derech HaTorah
Yeshiva Har Torah
Yeshiva High School 0f Boca Raton
Yeshiva of Central Queens  (2015 Winner)
Yeshiva University
Yeshivah of Flatbush Middle/High School  (2015 Winner)
Yeshivat BitaHon
Yeshivat Noam
Young Judaea/Hadassah
ZOA – Zionist Organziation of America

(Source: Celebrate Israel Parade)

David Israel

Revealed: 10% of 2015 Attacks Perpetrated by Arabs-Turned-Israeli Via Family Reunification Law

Thursday, June 2nd, 2016

A Joint committee of the Foreign Affairs and Defense and the Internal Affairs and Environment Committees, headed by MK Avi Dichter (Likud), on Wednesday recommended that the Knesset plenum extend by another year the emergency provision in Israel’s Family Unification Law.

The provision, the Citizenship and Entry into Israel Law, which was first enacted in 2003 at the height of the Second Intifada, restricts the ability of residents of Iran, Afghanistan, Lebanon, Libya, Sudan, Syria, Iraq, Pakistan, Yemen, the West Bank and Gaza Strip to automatically gain legal status in Israel under the Family Reunification Law.

The Family Reunification Law grants automatic legal status to foreign nationals who marry Israeli citizens.

The provision has been the subject of a tireless match of wills between the Supreme Court, which prohibited making the provision permanent, and the Knesset, which has voted to extend the temporary act as an emergency measure every year since 2004.

Ahead of this year’s vote to extend the act, the joint committee heard testimony from experts and security officials on the effects of the provision.

A representative of the Shin Bet internal security service (Shabak) testified that those seeking reunification with family members in Israel pose a security risk due to the possibility that they would be used to carry out terror attacks or engage in espionage. According to the Shin Bet, 104 citizens or legal residents allowed into Israel under the Family Reunification Law have committed crimes of terrorism from 2001 to 2016. Of those 104, 17 had married Israeli citizens, while 87 were relatives of individuals who had married Israelis.

The Shin Bet official also noted that Arabs joining Israeli society under the Family Reunification Law were playing an increasingly vital role in terrorism. He noted that 73% of terrorists with Israeli citizenship who had committed acts of terror against Israelis since the beginning of the terror wave last September were beneficiaries of family reunification.

Of the 104 terrorists who entered Israel last year, 30 have engaged in terror attacks over the past nine months, the Shabak official said.. He also noted that they were responsible for 13% of all attacks in the recent terror wave.

Attorney Noam Kehan told the joint committee that more than 12,500 people have applied for legal status under the Family Reunification Law.

Attorney Tal Hassin of the Association for Civil Rights in Israel said the procedure in which the temporary act is extended is “improper” and “harms tens of thousands of men, women and children whose only ‘sin’ is that they are Palestinian and are therefore viewed as a security threat.”

MK Ahmad Tibi (Joint Arab List) said “no one is claiming that [those who applied for legal residency status] were themselves involved in activities aimed at harming the security of the state. There is not even one case. How is the Shin Bet’s argument different from the approach of [MK Bezalel] Smotrich (Habayit Hayehudi)? The sons who are born are likely to carry a rifle and carry out a terror attack? This proves that the law is not based on any security-related concern. It is only implemented because you view a love story of a Palestinian couple as a plot against state security.”

MK Anat Berko (Likud) said, “The citizens of Israel have a right to live in security. This is not an arbitrary decision, and the cases speak for themselves. We are in favor of love stories, but if everyone claims there is apartheid [here], why do they want to move the center of their lives [to Israel]? These people can be easily influenced, and they have no real connection or commitment to the country.”

JNi.Media

Printed from: http://www.jewishpress.com/news/breaking-news/revealed-10-of-2015-attacks-perpetrated-by-arabs-turned-israeli-via-family-reunification-law/2016/06/02/

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