Knesset Legal Advisor Warns Draft Exemption Arrest Law Is Flawed and May Be Invalidated

Shagit Afik, the Knesset's legal advisor, has criticized the draft exemption from arrests for yeshiva students, calling it procedurally flawed and potentially invalid. Speaking at a Foreign Affairs and Defense Committee meeting, Afik explained that the law, which was developed after 86 committee sessions, was replaced with a completely different arrangement that does not align with the original bill's objectives, undermining the legislative process's integrity.

The proposed law grants yeshiva students a three-month exemption from arrests and establishes a monitoring mechanism to verify their enrollment. Despite its temporary nature, the law is structured to allow long-term application. It is part of a package including the Basic Law: Torah Study, promoted in the Knesset committee, and is linked to a political deal securing ultra-Orthodox parties' support for coalition legislation.

Afik warned that beyond the expectation that Israel's Supreme Court will strike down the law for contradicting its rulings against draft evasion, there is a serious procedural defect. She referenced her 2017 legal opinion that led to the Supreme Court invalidating a law due to improper legislative procedure. Afik emphasized that introducing a fundamentally different arrangement under the guise of the original bill damages legislative validity.

Additionally, legal advisor to the Foreign Affairs and Defense Committee, Miri Frenkel-Shur, described the exemption bill as a "mini draft law" that circumvents the need for comprehensive legislation regulating yeshiva students' status. Afik stressed that the Knesset must enact a complete and coherent arrangement rather than partial measures, and the committee must be convinced of the necessity and factual basis for the new provisions.

She also highlighted concerns about the proposed enforcement mechanisms, noting the difficulty of establishing effective oversight within three months when such mechanisms have failed for over a decade.