Prime Minister Benjamin Netanyahu informed the Israeli Security Agency (known as the Public Security Service or Shane Hann) Ronin Bar was intended to propose a decision to dismiss him at the next government meeting, on the basis that he lost confidence in it. This declaration sparked a political storm and brought a condemnation from the opposition. It also raises many questions about the shape on which the procedure will appear and the simplicity of the extinguishing, if possible at all. Public Prosecutor, Jali Bahrav-Mira, has already Netanyahu that such a decision could not extend without realistic and legal basis to examine it, and warned that the position of the head of Shane's bet was not the position of personal confidence in the service of the Prime Minister.
The law does not specify a procedure to dismiss the head of the Shane. Article 3 of the Public Security Service Law states, “The government may terminate the period of the head of the service before the end of his term.” The sub -section 5 states that the head of the Public Security Service will be rejected if it is led by a service if this is in a state, but it is commensurate with his essence or intensity or circumstances in which he is not worth appointing the service head or continuing the service in that, “but that applies to that.
Is it possible to reject the head of the Shin betting through a simple decision by the government? “A government decision is sufficient to end his position,” says Professor Adam Shinar, associate professor at the Faculty of Law at Harry Radzer at Reichman University. “Of course, the rules of administrative law apply to such a decision.” This means that the decision must pass reasonable tests, avoid conflicts of interests, realism, etc.
“There is a practice of legal consultation on any important government decision,” added Professor Amishi Cohen, an older colleague at the Israel Democracy Institute. What about this particular decision? “Even before a decision is made, it is doubtful whether the government can act in this context at all, because it seems that there is a conflict of interests here,” he answered. “First of all, Bet Shin is currently conducting an investigation from people in the Prime Minister's office on the issue of Qatar's involvement. Second, by achieving Shin Pitt there, Burhan Al -Shin's demand arises to an attempt by Celon.”
Should the public prosecutor participate?
In late February, the Deputy Prosecutor of Public and Administrative Issues. Dr. Jill Limon answered a question from ADV. Gilead Sher is about the possibility of rejecting the betting head. Limon explained that this was a decision for the full government, but since it was the issue of the refusal of the head of the security arm, the decision should have a basis for proof that he would justify it, be free from strange considerations, and adhere to the rules of administrative law. Therefore, to ensure that this process meets the required legal and side guarantees, “the political level must provide this basis to the public lawyer before following up in the decision.
To what extent does this government link? Professor Cohen says: “It comes to the importance of the decision, and not necessarily with the fact that it relates to a security organization,” says Professor Cohen. “Nevertheless, for some time there was a tendency in the current government to ignore the opinion of the public prosecutor.” Professor Shinar says the executive arm is obligated to the instructions of the Attorney General. “The government is not the executive authority in this sense, and therefore it was decided that the government will work well in any case in any case in any case in any case that has been tested in any case.
In the appointment of the head of Shane's bet, there is a condition for consulting with the advisory committee to appoint senior officials. Does this also apply to its chapter?
According to Laennar and Cohen, no. We add that, according to an article published by Dr. Assaf Shapra of the Israel Institute for Democracy, the committee is a consulting body whose decisions are not mandatory, and only deal with moral questions and not with other matters. However, if the bar is rejected, it will have to appoint his alternative to pass through this committee, and according to the legal race, there must be very special circumstances to set a date for its opinion.
If a bar is rejected, it is supposed to be a petition to the Supreme Court of Justice. What will the government have to prove?
“The government will mainly must show that the decision is not contaminated due to the conflict of external interests and considerations,” Shinar says, which shows that it takes into account the relationship of the “country”, which Shain is a bet. He will also have to prove that the decision is reasonable and that the government is “balanced properly with competing considerations.”
Cohen's response is similar: “The questions presented to the Supreme Court of Justice will be whether the government acted on the basis of material facts (lack of confidence between the Prime Minister and the head of the Shane's bet, the last issue, or whether the government is acting with various confessions.”
To what extent does it remove the head of the falling bet?
No leader of Shane's bet has been rejected before. Two did, however, resigned. Avraham SHALOM resigned in 1986, after accusing him of requesting the execution of Shane's dealers from two terrorists who attacked the 300th bus on the Sahel Road, and organized the subsequent cover -up. Karmi Gilon resigned in 1996, just one year after his appointment, after Shane's betting failed to prevent the assassination of Yitzac Rabin. If the bar is rejected, it will be unprecedented. Professor Cohen says that for this reason, “No specific practice has evolved in this context” and there is no written action for that.
Is it assumed that “Shen's bet” protects democracy?
This claim, which was recently heard, depends on “the purpose of service and its functions” specified in Article 7A of the Public Security Service Law, which states: “service is accused of preserving state security, the method of the democratic government, and its institutions.” This means that there are two aspects related to democracy: the democratic style of the government and the institutions of democratic government.
It was published by Globes, Israel Business News – En.globles.co.il – on March 17, 2025.
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