The trap of the 'Indicted Law'
An analysis of the 'Indicted Law', which prevents an indicted person from forming a government. The author argues that if the next Knesset passes it, it will only apply after the subsequent elections, allowing Netanyahu to receive the mandate after the upcoming elections. The article reviews legal precedents and warns against retroactive legislation.
The article discusses the 'Indicted Law', a proposed bill aimed at preventing anyone against whom an indictment is pending from receiving the mandate to form a government. The author argues that if the next Knesset passes the law immediately after the start of its term, it cannot take effect during that same term, requiring additional elections. This means Prime Minister Benjamin Netanyahu can receive the mandate from President Isaac Herzog after the upcoming elections, subject to faction recommendations. The article reviews the High Court ruling from May 2020, which allowed an indicted person to form a government, and the Deri-Pinhas precedent from 1993, defining a 'serious indictment'. The author emphasizes that a fundamental constitutional change should apply only prospectively, and that retroactive legislation could be struck down by the High Court, though this is not guaranteed. He notes that the law may serve as an incentive to prevent political paralysis.