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01.09.2024

Her uncompromising fighting, with extraordinary courage

עיתון בין אויבים

A newspaper among enemies

Woman/Man of the Year 2024, Gali Baharav Miara

At a time when Israel has no political compass, but a fanatical government of misfits, and press systems infected with politics, it is the legal compass that remains. Despite this, Gali Baharav Miara, did not panic when she realized that a task was placed on her shoulders that no one before her had fulfilled; Despite the high obstacles, she continues to interpret the law with unusual public courage, yet she is careful that the law does not uproot the mountain (by holes). It is written where there are no people try to be a man; Gali Baharav Miara is this woman in our eyes. Our legal commentator, former vice president of the Central District, justifies our choice.

    By Avraham Yaakov, our legal commentator

          On February 7, 2022, the 36th government unanimously approved the appointment of attorney Gali Baharev-Miara to the position of legal advisor to the government. The Prime Minister at the time was Naftali Bennett and the Minister of Justice was Gideon Sa'ar.

Beharav-Miara is the first woman to hold this position.

In December 2022, after the elections to the 25th Knesset and towards the establishment of the 37th government of Israel, Baharav-Miara said regarding the desire of the parties of the designated coalition to enact laws that in her opinion could lead to a country that is not "democracy in the essential sense":

"The legislative proposals being discussed these days, what is unfortunately known as the 'legislation blitz', do not stand on their own. The idea that it is correct or possible to make a deep change in the order of the regimes at the stroke of a sword is wrong in my eyes. A fundamental change of regimes requires deep thinking and informed judgment. Change of regimes It is not suitable for quick, smooth legislation before the establishment of the government, when fundamental laws are compressed and promoted in a short time. A situation in which the governance discourse will be used as a means to remove any limitation on the power of the government must be avoided."

Regarding the appointment of Aryeh Deri, who was convicted of tax offenses a short time before, to the minister, her position was that "the decision to appoint Deri does not express the heavy weight that must be attributed under the circumstances of the matter to 'considerations concerning the rule of law and the purity of morals of those holding the wheel of government', and thus it goes beyond extreme from the range of reasonableness".

Her position was accepted by the High Court, which ordered Deri to be fired from the minister's position.

At the beginning of February 2023, she published an opinion, in which she expressed opposition to the legal reform (the regime coup, in our opinion) presented by Minister of Justice Yariv Levin.

According to her, the reform will lead to "a serious damage to the balance between the authorities".

She also wrote to Prime Minister Binyamin Netanyahu that he should refrain from dealing with the reform due to a conflict of interest.

She rejected President Yitzhak Herzog's request to allow Netanyahu to deal with the compromise proposal he formulated. Beharve-Miara opposed Amendment No. 12 to the Basic Law: The Government, which established rules for declaring the Prime Minister's impeachment, but the amendment was approved by the Knesset despite her opposition.

In April 2023, Naharav Miara froze the decision of the Minister of National Security, Itamar Ben Gvir, and the Commissioner of Police, Kobi Shabtai, to depose the commander of the Tel Aviv District, Superintendent Ami Ashad, and instructed the Minister to hold an orderly hearing and reexamine the decision.

At the beginning of May, she authorized Prime Minister Benjamin Netanyahu and Defense Minister Yoav Galant to launch Operation Shield and Arrow without a meeting of the political-security cabinet.  Close to the Memorial Day for the dead of Israel's wars, she issued an opinion that allows Palestinian families to enter Israel to participate in the Israeli-Palestinian Memorial Day ceremony, contrary to the opinion of Defense Minister Yoav Galant.

At the end of that month, she expressed opposition to a government proposal designed to give decisive weight to the values of the Jewish nation in government decisions. As a result, Prime Minister Netanyahu postponed the discussion of the proposal.

On May 29, 2023, she rejected the proposal of District Court Judge Oded Shaham, who was hearing the Netanyahu trial, to seek criminal mediation before a judge against Benjamin Netanyahu.

On May 31, she submitted to the court her response to the petitions against amendment number 37 to the police order, promoted by the Minister of National Security Itamar Ben Gvir. According to her opinion, the amendment should not be repealed, even though it "causes substantial difficulties" and anchors the minister's powers "in a vague manner and without the scope being defined and delimited". The response states that the amendment can be read as leading to an "undermining of the independence of the police" and the "politicization of the police force", but the court can interpret the amendment and each of its clauses in a way that preserves the independence of the police and prevents the interference of political considerations. In addition, Gali Bahar-Miara stipulated that the Minister of National Security could respond to the petition separately.

In July 2023, in response to the Movement for the Quality of Government's petition regarding the "Incompetent Law", she claimed that the constituent authority of the Knesset had been misused to improve the personal legal status of Prime Minister Benjamin Netanyahu and allow him to act contrary to the court's ruling. Later in the discussion, she demanded that the applicability of the law be postponed at least until the next Knesset.

On July 11, 2023, an amendment to the Basic Law: the Judiciary was passed in the first reading, according to which the court will not discuss the reasonableness of the decisions of the government, the prime minister, the ministers and other elected officials that will be determined by law.

On July 24, a revised version was approved in the second and third reading, according to which the court will not discuss the reasonableness of the decisions of the government, the prime minister and the ministers. The law of other elected officials is left out of the bill.

This legislation is the first element enacted as part of the reform announced by Justice Minister Yariv Levin, and it was accompanied by weekly protests and several support demonstrations, with the participation of hundreds of thousands of demonstrators. The legislation drew reactions from international credit rating companies who expressed concern about the consequences of the law and opposition to it on Israel's economy.

The European Union and the White House called on the government to work to achieve a broad consensus on the legislation.

Many parties petitioned the High Court against the amendment, including the Bar Association and the Movement for the Quality of Government in Israel.

Given the differences in positions between the position of the legal advisor to the government and the government's position in relation to the petition, the advisor to the government approved separate representation in the petition.

The position of the Legal Adviser to the Government was unequivocal, according to which the petitions should be accepted and the amendment to the basic law that purported to cancel the reason for reasonableness should be annulled.

On September 12, 2023, the High Court of Justice, in a composition of all 15 judges, discussed 8 petitions against the cancellation of the reasonableness ground.

On January 1, 2024, about six months after the approval of the amendment to the Basic Law, the High Court of Justice ruled, by a majority of 8 judges against 7 judges, that the amendment to the law was invalid.

In recent months, Minister Levin and MK Rothman began to revive the regime coup with a long series of bills, government decisions and government orders.

For example, we can mention the bill to change the way of electing the commissioner of complaints about the judges, so that he will be chosen by the Knesset with a majority of 70 members of the Knesset. This proposal has the potential to bring about a complete politicization of the position of the commissioner for the review of the judges.

The meaning is, That the commissioner who is selected will consider political considerations in his decisions. This matter becomes more serious if you remember that the commissioner has the authority to recommend the removal of a sitting judge. The fear is that the commissioner, who will want to be nice to whoever appointed him, will recommend removing from office a judge whose rulings are not in line with the coalition's position.

Another example is the government's decision to change the way the civil service commissioner is chosen, so that he/she will be chosen by the prime minister, and not by way of a search committee – as suggested by the legal advisor to the government.

Baharav-Miara fought and fights resolutely against these actions and against many other actions taken by the government and by the people who do the will of the government in the Knesset.

In August 2024, Gali Baharav Miara addressed a letter to the Prime Minister, Binyamin Netanyahu, in which she accepted that "Since then, significant government decisions have been made in disrupted work processes. This, without having been preceded by professional staff work," and stated that "the result is a violation of the law and harm to the public."

Her uncompromising fighting with unusual courage makes her one of the most important gatekeepers as someone who stands in the breach and tries to prevent the country from turning into a dictatorship.

In addition, Baharav-Miara's legal positions were sometimes endowed with boldness and innovation. In this regard, it should be noted her position in the High Court on the reason of reasonableness, where she claimed that the court has the authority to annul a fundamental law as well. This is an innovative position that until then was not acceptable to the court and jurists in general. The High Court of Justice accepted Beharev-Miara's position on this matter with a majority of 13 against only two dissenters.

That's why we chose her as Woman of the Year.