Israeli Government Refuses to Recognize Communications Authority Decisions Without Legal Compliance

The Israeli government unanimously approved a resolution on Sunday proposed by Communications Minister Shlomo Karhi and Deputy Prime Minister and Justice Minister Yariv Levin. The resolution states that the government will not recognize any decisions, appointments, or actions taken by the Second Authority Council unless it meets the legal threshold requirements set by law. This move follows a June 17 Supreme Court ruling that ordered the continuation of the Second Authority Council's activities despite the government’s claim that the council currently has fewer members than the minimum required by law.

The government’s decision emphasizes that the rule of law applies to all branches of government, including the judiciary, and that a court ruling contradicting explicit legal provisions cannot grant authority that does not exist. It further declares that the government will not acknowledge any actions taken by a council that does not meet the statutory minimum membership and will reject any reliance on such decisions by stakeholders in the communications sector.

Minister Karhi criticized the Supreme Court ruling, stating that "Supreme Court judges are not the Knesset, and an abuse of power does not grant authority to erase explicit legal conditions. The rule of law is not the rule of judges." Justice Minister Levin also condemned the court, saying that "when a ruling directly contradicts the wording of the law, it is not judicial review but a violation of the separation of powers principle." He affirmed that the government will continue to use all legal means to restore the rule of law.

This dispute highlights ongoing tensions between the Israeli government and the judiciary over authority and legal interpretation, particularly concerning regulatory bodies like the Second Authority Council responsible for communications oversight.