Israeli Supreme Court orders expanded panel of justices to hear MK Expulsion Law case

22/05/2017

MK Jabareen: "Our presence in the Knesset is not a favor from the Netanyahu government. We are in the Knesset in order to struggle to protect our rights."

During a hearing held Sunday, 21 May 2017, in the Israeli Supreme Court, the three presiding justices decided to expand the judicial panel to hear the petition filed against the Expulsion of Members of Knesset Law by MK Yousef T. Jabareen, Adalah – The Legal Center for Arab Minority Rights in Israel, and the Association for Civil Rights in Israel (ACRI).

Adalah General Director Hassan Jabareen, MK Yousef T. Jabareen, and Adalah Attorney Mohammad Bassam (from left) at the Israeli Supreme Court in Jerusalem on 21 May 2017. (Photo by Mati Milstein)

The court made this decision after recognizing that the joint petition raises complex constitutional issues requiring deeper consideration by additional justices. The court will set a new date for the hearing.

MK Jabareen (Joint List) said following the hearing that "our presence in the Knesset is not a favor from the Netanyahu government. We are in the Knesset in order to struggle to protect our rights. We derive our legitimacy and the strength to carry on from the sons and daughters of our community. We will continue our struggle against the policies of exclusion, racism, and silencing in favor of the civil and human rights of our people."

According to the law enacted in 2016, a majority of 90 Knesset members (MKs) may oust a serving Knesset member on two grounds: 1) incitement to racism; and 2) support for armed struggle against Israel. The law was passed as an amendment to the Basic Law: The Knesset and targeted Arab MKs, due to their vocal opposition to the government's policies.

The petitioners, who filed their motion on 29 December 2016, contend that the law violates basic democratic and constitutional principles, such as the right to elect and to be elected, separation of powers, and the right to representation and equality for the Palestinian Arab minority in Israel.

Adalah Attorneys Hassan Jabareen and Mohammad Bassam and ACRI Attorneys Dan Yakir, Debbie Gild-Hayo, and Gil Gan-Mor appeared before the Supreme Court at Sunday's hearing.