Aryeh Deri
Aryeh DeriPhoto: Yonatan Sindel/Flash90

The Knesset Legal Advisor states that the 'Deri Law' which would allow Shas chairman Aryeh Deri to serve as a minister despite his conviction for tax offences, causes difficulties mainly because it is a personal law that eases the eligibility conditions of a particular minister.

There is concern that the amendment constitutes an "abuse of the constituent authority".

Earlier, the newspaper Israel Hayom reported that the outgoing prime minister and designated opposition leader Yair Lapid turned to the chairman of the Central Election Commission, Chief Justice Yitzhak Amit, with a request to determine whether the tax offenses for which Aryeh Deri was convicted carry with them a stigma of disgrace.

According to the report, if a stigma is assigned to the crimes, Deri will not be able to serve as a minister in the government as the law now stands.

Lapid's appeal relies on the list of positions agreed upon by the Likud and Shas, according to which Der'i is expected to serve as a minister in the government.

In his letter to Judge Amit, Lapid makes serious allegations against Deri and claims that due to his admission of tax offenses, Deri "chose his personal interest over the law, by choosing to enrich himself at the expense of the public".

Lapid also wrote: "It is unthinkable that a person who was previously convicted twice (in 1999 and 2003) of offenses involving public funds-- a person who served a prison sentence -- would not be determined to have a stigma that prevents his suitability to serve in the government of Israel. There is no precedent for this in any reformed democracy. This is precisely why the concept of disgrace was established, which Judge Haim Cohen defined as that "moral flaw that indicates to its owner that he is not fit to be in the community of honest individuals, and in any case, he is not fit to bear public responsibility for decisions and actions on which the interests of the public depend in them".

In response to the petition on the subject filed by the Movement for Quality Government in Israel, Judge Amit noted that according to the law, only the prime minister or an MK can apply for a decision on the question of disgrace. That is, only Benjamin Netanyahu. However, we note that Lapid is still the prime minister and the law does not specify which prime minister; however, the reasonable legal interpretation is that the legislator means the prime minister who is tasked with forming the government.