Background: Resignation of Sharon Would Not Lead to New Elections

Aaron Lerner Date: 21 January 2004

If Prime Minister Ariel Sharon is indicted and resigns this would not send
the country into new elections.

A review of "Basic Law: The Government (2001)" (relevant sections below),
finds that new elections would only be held if no other MK was able to form
a group of 61 MKs to support a government.[That's Member of Knesset -
Defense Minister Shaul Mofaz is not an MK and thus could not become prime
minister in the absence of new elections.]

Under Article 9 a second MK gets a chance at forming a government if the
first MK assigned the task fails.

Under Article 10 any MK who has the support of 61 MK's can form a
government.

The Law is clear that any MK can act - not just the faction heads.

And considering that many MK's serving today are far from certain that they
will be reelected they are highly motivated to do everything possible to
retain their day job.

Prime Minister Ariel Sharon appointed Ehud Olmert Acting Prime Minister.
Minister Binyamin Netanyahu had asked that his responsibilties include this
position but Sharon declined his request.

Under the Basic Law, the Acting Prime Minister serves a maximum of 100 days
before the Government meets to "designate another of the Ministers who is a
member of the Knesset and of the Prime Minister's faction to be Interim
Prime Minister pending the constitution of the new Government."

It is not clear how much effect Olmert's serving in the Prime Minister's
position would have on the Likud's choice of Prime Minister. It should be
noted that if the Likud Central Committee chooses the next Prime Minister
that that same Central Committee voted him into position #32 on the party's
list for the Knesset elections.

+++
Basic Law: The Government (2001) - Unofficial Translation
[Source: Ministry of Foreign Affairs Website]
www.mfa.gov.il/mfa/go.asp?MFAH00hd0

Assignment of task of forming Government.
7. (a) When a new Government has to be constituted, the President of the
State shall, after consultation with representatives of party groups in the
Knesset, assign the task of forming a Government to a Knesset Member who has
notified him that he is prepared to accept the task; the President shall do
so within seven days of the publication of the election results, or should
the need arise to form a new government; and in the case of the death of the
Prime Minister, within 14 days of his death.
(b) Should these consultation take place before the new Knesset is convened,
the President will consult the representatives of the lists of candidates to
be represented in the new Knesset.
(c) This section shall not apply to the formation of a Government following
a no confidence vote according to section 28; in the event of an application
to the President under section 29(b), the provisions specified in those
sections shall apply.

Periods for formation of Government.
8. The Knesset Member to whom the President has assigned the task of forming
a Government under section 7 shall have a period of 28 days for the
fulfillment of such task. The President of the State may extend the period
by additional periods not exceeding in the aggregate 14 days.

Re-assignment of task.
9. (a) Where the periods referred to in section 8 have passed and the
Knesset Member has not notified the President of the State that he has
formed a Government, or where he has notified him before then that he is
unable to form a Government, or where he presented a Government and the
Knesset rejected his request for confidence under section 13(d), the
President may assign the task of forming a Government to another Knesset
Member who has notified him that he is prepared to accept the task, or may
inform the Speaker of the Knesset that he sees no possibility of forming a
Government - all within three days from the end of the period, or from the
day of the Knesset member's statement that he cannot form a government, or
from the rejection of confidence in the Government, as applicable.
(b) Before assigning the task of forming a Government under this section, or
before he informs the Speaker of the Knesset that he sees no possibility of
forming a Government, the President may again consult with representatives
of factions in the Knesset.
(c) A Knesset Member to whom the task of forming a Government has been
assigned under this section shall have 28 days in which to do so.

Assignment of task at the request of party groups.
10. (a) Where the President of the State has informed the Speaker of the
Knesset, under section 9(a) that he sees no possibility of forming a
Government, or where he has assigned the task of forming a Government to a
Knesset Member under the same section and the Knesset Member has not
notified him within 28 days that he has formed a Government, or has notified
him before then that he is unable to form a Government, or presented a
Government and the Knesset rejected his request for confidence under section
13(d), a majority of the members of the Knesset may request, in writing,
that the President of the State assign the task to a particular member of
the Knesset, who so agreed in writing, all within 21 days of the President's
announcement, or from the end of the period designated in section 9(c), or
from the statement by the Knesset Member that he cannot form a Government,
or from the rejection of confidence in the Government, as relevant.
(b) Where a request as aforesaid has been submitted to the President, the
President shall assign the task of forming a Government to that Knesset
Member within two days.
(c) A Knesset Member to whom the task of forming a Government has been
assigned under this section shall have a period of fourteen days for its
fulfillment.

Early elections in the event of failure to form a government.
11. (a) Should no request be submitted under section 10(a), or should a
Knesset Member fail to form a Government within the period defined in
section 10(c), or if he should prior to that time inform the President that
he cannot form a Government, the President shall so inform the Knesset
Speaker.
(b) Should the President so inform the Knesset Speaker, or should a Knesset
Member charged with forming a Government under section 10(a) present a
Government and fail to win the confidence of the Knesset under section
13(d), then the Knesset shall be deemed to have decided to disperse prior to
the completion of its period of service, and elections for the Knesset will
be held on the last Tuesday before the end of 90 days of the President's
announcement, or of the rejection of the request for confidence in the
Government, as relevant.
...
...
Authority to disperse the Knesset.
29. (a) Should the Prime Minister ascertain that a majority of the Knesset
opposes the Government, and that the effective functioning of the Government
is prevented as a result, he may, with the approval of the President of the
State, disperse the Knesset by way of an order to be published in Reshumot.
The order will enter into feffect 21 days after its publication, unless a
request is submitted under subsection (c), and the Government will be deemed
to have resigned on the day of the order's publication.
(b) Within 21 days of the publication of the order, a majority of the
Knesset Members may request that the President charge one of its members,
who has so agreed in writing and who is not the Prime Minister, with the
task of forming a government.
(c) Where a request as aforesaid has been submitted to the President, the
President shall inform the Speaker of the Knesset. The President shall
assign the task of forming a Government to the Knesset Member named in the
request within two days.
(d) A Knesset Member to whom the task of forming a Government has been
assigned under this section shall have a period of 28 days for its
fulfilment. The President of the State may extend the period by additional
periods not in the aggregate exceeding 14 days.
(e) Should no such request be submitted under subsection (b), or if the
period defined in subsection (d) passed, and the Knesset Member did not
inform the President that he formed a government or where he presented a
Government and the Knesset rejected his request for confidence under section
13(d), it will be deemed to be a Knesset decision to disperse prior to the
completion of its period of service, and elections to the Knesset will be
held on the last Tuesday before the end of 90 days of the President's
announcement, or of the rejection of the request for confidence in the
government, as relevant.
(f) If the President gave notice under subsection (3) or if the Knesset
member presented a Government and the Knesset rejected the request that it
express confidence in it under section 13(d), then the Knesset is deemed to
have decided to disperse before the end of its term of office, and elections
to the Knesset will be held on the last Tuesday before the end of 90 days of
the President's announcement, or of the rejection of the request for
confidence in the government, as relevant.

...
Acting Prime Minister.
16. (a) Should the Prime Minister be absent from Israel, meetings of the
Government will be convened and conducted by the designated Acting Prime
Minister.
(b) Should the Prime Minister be temporarily unable to discharge his duties,
his place will be filled by the Acting Prime Minister. After the passage of
100 days upon which the Prime Minister does not resume his duties, the Prime
Minister will be deemed permanently unable to exercise his office.
(c) Failing the appointment of a designated Acting Prime Minister, or should
the Acting Prime Minister be prevented from fulfilling his duties under
sections (a) and (b) above, the Government shall designate another Minister
to exercise that office.

...

The Resignation of Prime Minister.
19. The Prime Minister may, after notifying the Government of his intention
to do so, resign by submitting a letter of resignation to the President of
the State. The resignation of the Prime Minister shall be deemed to be the
resignation of the Government.

Death or permanent incapacity of Prime Minister.
20. (a) If the Prime Minister dies, the Government shall be deemed to have
resigned on the day of his death.
(b) Should the Prime Minister be permanently incapacitated, the Government
shall be deemed to have resigned on the 101st day during which the Acting
Prime Minister served in his place.

Prime Minister or Acting Prime Minister ceasing to function as member of
Knesset.
21. (a) Should the Prime Minister cease to function as a member of the
Knesset, he will be deemed to have resigned; the Government shall be deemed
to have resigned the same day.
(b) Should an Acting Prime Minister cease to be a Knesset Member, he shall
cease to serve as Acting Prime Minister.

...
Authority to disperse the Knesset.
29. ...
(h) An Acting Prime Minister shall not be entitled to exercise the authority
of the Prime Minister under this section.

...
Continuity of Government.
30. (a) When a new Knesset has been elected or the Government has resigned
under sections 18, 19, 20, 21 or 29, or if a request is submitted under
section 29(b), the President of the State shall begin proceedings for the
formation of a new Government, as laid out in this Basic Law.
(b) When a new Knesset has been elected or the Government has resigned
(sections 18, 19, 20, 21 or 29), the outgoing Government shall continue to
carry out its functions until the new Government is constituted.
(c) A Prime Minister who has resigned shall continue to carry out his
functions pending the constitution of the new Government. If the Prime
Minister has died, or is permanently incapacitated, from carrying out his
duties, or if his tenure was ended because of an offense, the Government
shall designate another of the Ministers who is a member of the Knesset and
of the Prime Minister's faction to be Interim Prime Minister pending the
constitution of the new Government.
(d) A Government that serves under subsection (b) may appoint a Knesset
Member as a Minister in place of a Minister who has ceased to serve; the
appointment of a Minister under this subsection does not require the
approval of the Knesset.

Dr. Aaron Lerner, Director IMRA (Independent Media Review & Analysis)
(mail POB 982 Kfar Sava)
Tel 972-9-7604719/Fax 972-3-7255730
INTERNET ADDRESS: imra@netvision.net.il
pager 03-6106666 subscriber 4811
Website: http://www.imra.org.il