This position paper was written in light of the coalition’s proposal to amend Article 6 of Basic Law: The Government stipulating the eligibility of ministers in order to bar judicial review of the reasonableness or any other aspect of their appointment, except for compliance with the limited provisions of the article.
Zulat’s position is that the law must be rejected. In addition to the serious violation of the rule of law, the appointment of corrupt ministers might lead to a serious violation of human rights, in particular equality.
• It is a personalized bill to amend a Basic Law. The proposed amendment is intended to allow the appointment of MK Aryeh Deri, which was invalidated by the Supreme Court due to his criminal record. Therefore, it emasculates the court’s judgment, seriously harms the rule of law, and violates the principles of integrity and incorruptibility that oblige elected officials.
• It is a permanent amendment to a Basic Law, which will encourage and legitimize corruption.
• Corruption harms democracy and human rights. According to studies and publications by the OECD, the European Union, and the US State Department, corruption fuels crime, wastes public resources, destabilizes the economy, scares away international cooperation and investors, prevents due diligence, and interferes with proper governance.
• Corruption harms equality in resource distribution and appointments.
• Corruption encourages selective administrative enforcement.