The Legal Forum

The Legal Forum - Activities in the Year 5779

Free and Fair Elections: Elections are a celebration of democracy, but can they can also provide opportunities for fraud. Fraud at the polling station is, unfortunately, widespread, and for more than 10 years we, at the Legal Forum, have been fighting it. Already in the 2013 elections, we demanded that cameras be installed in polling booths (outside the curtain where the actual voting takes place). Judge Elyakim Rubinstein, who was then the chairman of the Election Commission, accepted our demand and even recommended it in a document he published immediately after the election. However, the Chairman of the 2015 Election Committee, Judge Salim Joubran, elegantly evaded the problem: “A steering team has been established to reduce the number of fraudulent votes. However, as elections were called ahead of schedule the steering team did not finish its job., s Judge Rubinstein’s proposals to deploy cameras in the polling stations has not been adequately tested”, and, he continued, “I am confident that this issue will be examined shortly after the election.” And It was only in the second of the 2019 elections, this past September 17, that the proposal to install cameras in the polling booths was partially and unsatisfactorily implemented. For an article click here.

The Basic Law: Israel as the Nation-State of the Jewish People and its influences: It is now one year since the Nation-State law was passed. We reviewed the references to this law in Israeli legislation, and the results are interesting. Read here.

Applying sovereignty and applying legislation: The Prime Minister has long declared his intention to apply sovereignty to Jewish communities in Judea and Samaria after the elections. However, the first step should have been the application of primary legislation by the Knesset to Judea and Samaria. The major gaps between legislation passed by the Knesset and the rulings by the Civil Administration (the governing body in Judea and Samaria) constitute a violation of the civil rights of the residents of Judea and Samaria and a serious violation of the rule of law and democracy. With the help of Attorney Yehezkel Levy, we have issued a policy paper detailing the ways to apply immediate legislation in Judea and Samaria through primary Knesset legislation.

The Fight against terrorism: House demolitions are one of the tools the government and security forces have to curb terrorism, and we are constantly promoting the application of the opinion paper prepared by Attorney Yossi Fox and Avi Har Gold (for the article click here). These attorneys, members of the Legal Forum for Israel, itemize different and effective ways to deter terrorism. At the same time, along with the ongoing work on countering terrorism, we have noticed that the legal advisers to the government have returned to examining terrorism with criminal tools and not as a separate threat. For an article on the subject click here.

The Mufti of Jerusalem: Mufti, who has a lot of power and influence, met with Hezbollah leaders but was not interrogated. We approached the Attorney General demanding that an investigation be conducted, but we received a laconic refusal without any justification. We continue to follow this matter.

Omar Shakir: The BDS activist, who continues his activity against Israel from within Israel, petitioned the Administrative Court against the decision of the Interior Minister not to extend his residence permit in Israel. Upon the court’s upholding of the Interior Minister’s decision, Shakir then appealed to the Supreme Court. The Legal Forum stands as an amicus curiae alongside the state and supports the decision not to renew his residence permit. The hearing in the Supreme Court is scheduled for a few days before Rosh Hashanah.

Cancellation of the “Mukhtar Procedure”: The “Mukhtar Procedure” is a tradition from the days of Ottoman rule, not known for its democratic procedures. The “mukhtar” or “crowned” of the village managed the land ownership records, and the government had to rely on it for zoning and planning. For some reason, the Jerusalem Municipality, with the blessing of the Attorney General, chose to rely upon this ancient procedure in order to evade planning responsibilities in East Jerusalem. The Legal Forum was among the first of a coalition of organizations to oppose the use of this procedure. For more information click here

Knesset debate on “gatekeepers”: Deputy Attorney General Dina Zilber caused a stir when she opposed the Knesset debate on the Cultural Trust Law, which the government wanted to promote. This was one example of an unelected bureaucrat, with no legal authority, preventing elected officials from fulfilling the policies for which they were voted. We participated in the Knesset debate on this issue. To read an interview with Attorney Yotam Eyal, click here.

The Regulatory Commission and the State Comptroller Staff: The Ombudsman for State Representatives in the courts continues to work and we continue to follow and promote the recommendations of Commissioner David Rosen. We also met with the corresponding staff at the State Comptroller’s Office dealing with systemic audits of state representatives in the courts.

Eliminating bias in the Professional Development Courses for Attorneys: : From inquiries that came to us, we revealed that some of the professional development courses for attorneys and employees of the Ministry of Justice promoted a particular political viewpoint .. Due to our meeting with the then-Justice Department Director Emi Palmor, the Director General issued a clarification to the training center.

Preservation of evidence: This year, the state comptroller’s report included a section on flaws in the preservation of exhibited evidence and investigative material.. The Legal Forum has been working to establish a computerized system for managing and documenting evidence. To read an article on this topic, click here.

Separation in the Public Space: Following the case of the gender separated show in Afula and Haifa and the court rulings on the matter, we issued a detailed opinion to the heads of local councils clarifying how the Prohibition of Discrimination in Products and Services should be implemented and how events organized by groups that wish to have separate seating can be held under the provisions of the law. The municipality of Lod has already implemented our recommendations, and the Attorney General issued his own opinion about a week later.

Summary of Minister Ayelet Shaked’s term: When MK Shaked took office, we submitted a document containing recommendations for issues to be put on her agenda: the justice system, security, settlement and the promotion of the profession. To read an article summarizing her term and achievements from the eyes of the Legal Forum, click here.

Bar Association Elections: The Legal Forum worked to increase its membership in order to increase its influence in the Bar’s institutions.. Several members of the Legal Forum even ran for various positions. After the High Holidays, we will promote our continued cooperation with the Bar Association.

 

And what is planned for 5780?

  • We will continue to increase the number of Legal Forum members … with your help!
  • We will continue to fight for a balanced legal system and balance between the three governmental branches.
  • We are looking forward to the formation of the new Israeli government so that we can advance our proposals to the various ministers and chairmen of the various Knesset committees.

Abigail

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