Knesset Legal Advisor: "Substantial flaws" occurred in the legislation of the law exempting draft dodgers from arrests

Two days after Attorney General Gali Baharav-Miara asked the justices to make the interim injunction permanent and effectively strike down the law freezing the arrests of ultra-Orthodox draft dodgers, the Knesset Legal Advisor also came out against the law today (Sunday), determining that "substantial flaws" occurred during the legislative process.

In a response submitted to the Supreme Court, Knesset Legal Advisor Sagit Afik wrote:

"The legislative process of the law was flawed due to two components: first, the law was legislated in a process that does not comply with the provisions of the Knesset Rules of Procedure and Basic Law: The Knesset, as its content exceeds the scope of the original bill's subject and constitutes a 'new subject.' Second, the legislative process did not meet the high standard required in the circumstances of the matter."

The Knesset's legal counsel explained that these circumstances include the significant change in the situation following October 7, the application of the continuity rule to the original bill—which required the final arrangement to correspond with updated data and the needs of the IDF and the security establishment—and the significant constitutional difficulties inherent in the bill, as detailed by the committee's legal advisor during the legislative process.

According to Adv. Afik, the combination of these components leads to the conclusion that the legislative process did not meet the high standard required, violating both Basic Law: The Knesset and the Knesset Rules of Procedure.

The arrest freeze bill, approved in the Knesset ten days ago, was intended to prevent the arrest, investigation, and enforcement proceedings against ultra-Orthodox draft dodgers recognized as yeshiva students for several months. It was determined that the law would remain in effect until November 30, rather than the 90 days initially proposed. Due to the provisions of Basic Law: The Knesset and the upcoming elections, its validity was intended to extend into the term of the next Knesset. The day after the law was passed, the Supreme Court issued an order freezing it.

In her response to the Supreme Court on Friday, Attorney General Baharav-Miara requested the law's cancellation:

"Amendment 28 represents an extreme and clear case of a flawed and offensive legislative arrangement that does not meet all the tests of the limitation clause, and its fate is one—nullity. In light of the flaws that occurred, the respondents' position is that the conditional order issued should be made absolute, and the court should order the nullity of Amendment 28."

She added that the law is discriminatory, contrary to the security needs of the State of Israel and the public interest, violates fundamental values of the rule of law and equality, and was passed through such a flawed process that its unconstitutionality is self-evident.