An extended nine-judge panel today dismissed a petition filed by Mitrall, Tiv Taam Import and the Israeli Secular Movement, against the law forbidding the import of non-kosher meat. The plaintiffs pleaded there were defects in the law’s legislative process, and the law is null and void, as it conflicts with the basic laws guaranteeing freedom of occupation and human dignity and freedom.
The frozen meat imports law ratified by the Knesset, prohibits the import of non-kosher meat, but allows the Minister of Industry and Trade to grant licenses without kashrut certificates.
The petition focuses on a section in the law which preserves the law, even in the event it conflicts with the basic laws. According to that section, "A legal provision prejudicial to freedom of occupation shall be valid if included in a law ratified by a majority of Knesset members and which expressly states that it is valid, despite its conflict with the basic law. Such a law shall be valid for four years after taking effect.
The central issue in the hearing was whether this is able to protect a law prejudicial to the basic principles of freedom of occupation. The second issue was how to proceed in respect of an exceptional law, prejudicial to human rights anchored in the Basic Law: Human Dignity and Freedom.
Chief Justice Aharon Barak notes such a judgment enables the legislator "to fulfill political and social goals through legislation".
The Chief Justice determined that in this inxtance the harm to freedom of occupation is limited, "as the way is open for the petitioners to deal in the import of kosher meat, without the need for an import license." The harm to property, freedom of conscience and equality is not so extensive as to harm the foundations of Israel’s constitutional regime and therefore the Chief Justice decided to dismiss the petition.