Elections Will Extend Tal Law into December (INN) ISRAEL NATIONAL NEWS) By Gabe Kahn 05/02/12)
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Knesset legal advisor Eyal Yinon said Wednesday the dissolution of
the Knesset will effectively extend the Tal Law into December.
Answering a query by MK Moshe Gafni (United Torah Judaism), Yinon
explained that the Tal Law would automatically extend "three months
into the next Knesset."
Should coalition chairman MK Zeev Elkin´s bill to dissolve the
Knesset be passed in the coming days - as is expected - Israel will
hold national elections on September 4.
Once a new coalition is formed and the new Knesset is seated, the 90-
day clock on the Tal Law would begin ticking.
Yinon´s opinion is based on Article 38 of Israel´s Basic Law, which
states, "Any enactment due to expire during the last two months of
the term of office of the outgoing Knesset or within four months
after the Knesset has decided to dissolve itself or during the first
three months of the term of office of the incoming Knesset shall
continue in force until the expiration of the said three months."
"Despite the problematic situation, in which a law ruled
unconstitutional by the courts will remain in effect, the result from
Article 38 is obvious," Yinon wrote to Gafni. "Any rational and
objective judgment will take into account that the court did not
intend to leave the issue of the recruitment of yeshiva students in a
void without any legal regulation at all.
"Therefore, despite the law in its present form being
unconstitutional, it will stand until a new Knesset is formed that
can pass a new law that abides by the court´s ruling.
"Simply, after the dissolution of the Knesset the legislative process
stops making it impossible, as a practical matter, for the government
to follow the court´s directive and enact a new law that meets
"This is exactly the circumstance of Section 38 of the Basic Law: The
Knesset was written to be an arbiter. Just as it applies to other
laws set to expire during this period, so it should apply to the Tal
Yinon added, that in light of the court´s ruling the Tal Law is
unconstitutional and the uniqueness of the circumstances, that he
intends, should the Knesset be dissolved, to submit to the court and
petitioners on the Tal Law notice of his opinion.
How and when to replace the Tal Law has been the ostensible fulcrum
of tension in the Netanyahu government sparking the call for early
The ruling Likud party has backed abolishing the Tal Law, but argues –
like its coalition partner the Sephardic Hareidi Shas party – that a
period of several months are needed to create the necessary framework
and increase the budget for inducting large numbers of Hareidi men
into the IDF.
Interior Minister Eli Yishai (Shas) previously said there is “already
a brigade” of Hareidi men ready to serve in the IDF.
The Independence party of Defense Minister Ehud Barak has taken a
line similar to that of the Likud and Shas. Jewish Home has backed
Netanyahu on the Tal Law, as well.
However, Foriegn Minister Avigdor Lieberman has advocated abolishing
it immediately and was the most vocal proponent of going to early
United Torah Judaism has vociferously opposed any changes to the Tal
Analysts say that, by going to elections now, Netanyahu satisfies
Lieberman´s need to make a strong stand on the Tal Law for his
constituents while gaining the months he says he needs to arrange the
organizational and budgetary framework to begin inducting Hareidi men
into the IDF.
Under such circumstances, Netanyahu – almost certain to form the next
government – will likely form a government strikingly similar to his
present one, though the inclusion of United Torah Judaism may be in
question. (IsraelNationalNews © 2012 05/02/12)
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