>> Read the full position paper in pdf
In this position paper, Zulat expresses strong opposition to the proposed amendment of the Israel Bar Association Law (Membership Fees-2023) initiated by Likud MK Hanoch Milwidsky. The bill grants the Minister of Justice, in lieu of the IBA National Council, the authority to set the IBA’s membership fees. According to this position paper, the bill seeks to undermine the IBA’s independence and its ability to function as an autonomous organization that upholds the rule of law, human rights, and Israel’s fundamental values.
The position paper elaborates on the dangers posed by the proposal, including concerns over government control of the IBA’s budget, a move that could lead to the politicization of the body overseeing and licensing attorneys, the loss of its independence, and its operation on the basis of political considerations. Additionally, budgetary control may lead to a policy of “loyalty in the practice of law,” which would harm professional freedom and attorneys’ ability to perform their duties.
The document emphasizes that the proposed bill contravenes the conclusion of the public committee established by former Justice Minister Yaakov Neeman that the independence of the IBA must not be infringed upon. Zulat also points out that restricting the IBA’s independence would weaken its ability to oppose injurious initiatives against the judicial system and human rights.
Furthermore, the position paper emphasizes that the use of private bills, in this case as well as in many other legislative initiatives by the current government, allows it to advance anti-democratic measures and avoid professional legal scrutiny.