Supreme Court Judge Ofer Grosskopf has decided to refer the petition on the question of whether Benjamin Netanyahu is fit to be asked by the president to form a government after the next election in Israel, in the light of the three indictments against him on corruption charges, to a hearing of the High Court of Justice.
In a laconic decision, Grosskopf writes: "The petition will be set down for a hearing before a panel at the earliest opportunity. The Attorney General will file a submission up to 48 hours before the date of the hearing."
Under Israeli law, a sitting prime minister against whom criminal charges have been filed need not resign unless and until he or she has been convicted and all possibilities of appeal have been exhausted. The law is silent on whether a person against whom criminal charges have been filed can be asked to form a government and become prime minister in the first place. At present, Netanyahu serves as outgoing prime minister of a transitional government. The question is whether he will be fit to be asked to form a new government (should he be in a position to do so from a political point of view) after the next election on March 2, 2020, which will be Israel's third general election within a year.
Judge Grosskopf had asked for Attorney General Avichai Mandelblit's stance on whether he or the High Court of Justice should deal with the petition seeking a ruling that Netanyahu cannot form a new government while under indictment. On Friday, Mandelblit decided to toss this hot potato straight back to the court, saying that unless the court saw fit to discuss the matter and decide on it, there was reason for the attorney general to give an opinion on it.
President of the Supreme Court Esther Hayut has determined that the petition will be heard next week before a panel of three Supreme Court judges sitting as the High Court of Justice: herself; Deputy Chief Justice Hanan Melcer; and Judge Uzi Fogelman.
Published by Globes, Israel business news - en.globes.co.il - on December 23, 2019
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