Has the law become obsolete? • Legal advice to the Knesset and the High Court of Justice: There was a flaw in the legislation freezing the detention of the ultra-Orthodox 'defectors'

After Attorney Gali Baharav explained: Even the Knesset Counsel, Attorney Sagit Afik, does not come out in defense of the law freezing the arrests of Haredi 'renegades' who study Torah.

The Knesset's legal counsel submitted its response to the petition against the law at noon (Sunday), stating that there were flaws in the legislative process.

The hearing on the petition will take place this Tuesday before an expanded panel and will be broadcast live.

In the response of the Knesset's legal counsel, it was determined that the law was enacted in a process that did not comply with the provisions of the Knesset's regulations, and that there was also a flaw in the legislative process due to the fact that it did not meet the "high standard required under the circumstances.".

The opinion also stated that there were significant constitutional difficulties in the bill. The statement noted the IDF's demands regarding recruitment needs following the events of October 7.

In conclusion, it was written: "The legislative process is required to an exceptionally high standard, and the process of enacting the Hourly Provisions Law did not meet it.".

According to the position of the Knesset's legal counsel, the process of enacting the law was flawed due to two intertwined components -

• The law was enacted through a procedure that does not comply with the provisions of the Knesset Rules of Procedure and Basic Law: The Knesset, as its content exceeds the scope of the subject matter of the original bill, and constitutes a 'new subject matter.'.
• The second component is that the legislative process did not meet the high standard required under the circumstances. These circumstances include the significant change in circumstances that occurred after 7.10.23, the application of the law of continuity to the original bill, which required that the final arrangement correspond to the updated data and needs of the army and the defense establishment, as well as the significant constitutional difficulties that exist in the bill, as detailed by the legal advisor to the committee during the legislative process.

Attorney Gali Baharav Miara asked the High Court of Justice on Friday to repeal the law that freezes the arrest of ultra-Orthodox Torah students.

In a response from her behalf before a hearing in the High Court of Justice on petitions against the law, it was written: "It is flawed and offensive and must be repealed.".

In the response, which details a series of flaws in the law and its legislative process, security sources are quoted as claiming that increasing the ranks of the army and significantly enforcing it is an urgent security and existential need: "A severe shortage in the ranks of the regular army leads to unbearable consequences for the serving public. The burden of security service placed on the shoulders of regular soldiers and tens of thousands of reserve soldiers has become unbearable.".

The bill to freeze the arrests of ultra-Orthodox Torah-studying "renegades," which Sharia Deri pushed with all his might, passed earlier this month on second and third readings in the Knesset plenum: 58 Knesset members voted in favor and 54 opposed.

According to the bill, the detention of yeshiva students whose teachings are religious was supposed to be frozen for five months.