Israeli Government Refuses to Recognize High Court Ruling on Second Authority Council

The Israeli government unanimously approved a proposal by Communications Minister Shlomo Karhi and Deputy Prime Minister and Justice Minister Yariv Levin, declaring it will not recognize any decisions, appointments, or actions by the Second Authority Council that do not meet the legal threshold requirements. This decision follows a June 17 High Court ruling ordering the council's reinstatement despite its membership falling below the statutory minimum.

The government emphasized that the rule of law applies to all branches of government, including the judiciary, and argued that a court ruling contradicting the law cannot grant authority that does not exist. Consequently, the government stated it will not acknowledge any outputs from the council's activities under these conditions. It also rejected claims from communications market stakeholders invoking "acquiescence" to decisions made by a council not meeting legal criteria.

Minister Karhi asserted that High Court judges are not the Knesset and cannot override explicit legal thresholds, calling the court's ruling an overreach and affirming that decisions by a council not meeting the two-thirds membership requirement are null and void. Minister Levin added that the rule of law binds everyone, including the judiciary, and that when a ruling directly contradicts the law, it undermines the separation of powers. He stressed the government's duty to ensure that only the law serves as the source of governmental authority.