Legal experts are already pondering the situation that will arise as a result of the swearing in of the new MKs next Tuesday (24 February), when for the first time in decades, Ehud Olmert will no longer be an MK.
The problem is that the Knesset Basic Law states that if a prime minister ceases to be an MK he is viewed as having resigned as prime minister as well. In this case, Olmert cannot submit a letter of resignation since he did so last September. He gave his letter to President Shimon Peres, and has been the prime minister of the caretaker government since.
On September 22, 2008, Olmert gave Tzipi Livni the mandate to form a new government. She failed in her mission and informed the president the nation must go to the polls. (Now, shortly following the general election, Livni once again finds herself in a similar predicament).
It appears the fathers of the Knesset Basic Law did foresee an eventuality as complex as today’s situation, adding the current government continues to run the nation’s affairs until a new government is sworn in.
One legal expert, Prof. Suzie Navot questions if the law’s call for the ruling government to continue overrides the demand that the prime minister be a MK. She thinks this is not so, which would present a legal issue as of next Tuesday, when Olmert ceases to be an MK.
One must also remember that the current government is a transitional entity, one categorized by the Supreme Court as a handicapped government, which is responsible for maintaining national affairs until replaced, including Justice Ministry Daniel Friedman, who is currently not an MK and will not be one in the incoming 18th Knesset.
In actuality, the current transition government will most likely be in power for weeks until the coalition negotiating process is complete and a government is formed.
The president will give the mandate to form a coalition to one of the party leaders, who will have 28 days to form a government. Should s/he fail, the president may grant an additional 14 days. During this entire time, Olmert, who is not an MK, will continue serving as prime minister.
(Yechiel Spira – YWN Israel)
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One Response
It has been quoted often that Rabbi Kaduri (the famed Kabbalist) said that Sharon’s government would be the final one before Mashiach. It has still not been replaced….The longer it takes for them to make a government, the more time we have until something MAJOR happens and changes everything.
I have my eyes open!