Caselaw

High Court of Justice 63904-03-26 The Association of Journalists in Israel (NPO) v. Government of Israel - part 7

September 8, 2026
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In these unique and exceptional circumstances, and in order not to allow a deliberate failure and paralysis of the Council's activity during the period of the interim order and in the period of time until the judgment is rendered in the petitions, we have determined that at this stage, the resigning council members will not be taken into account with regard to the number of members of the 'outgoing' council, with all that this entails, inter alia, with regard to sections 17 and 21 of the Second Authority Law."

It should be clarified that we do not take lightly the deviation of the said step.  However, this step was undertaken in view of the exceptional circumstances that preceded the issuance of the decision and out of the court's desire to prevent attempts to circumvent a judicial decision.  Therefore, and as an interim step and in order not to allow a situation in which the Council's activity is in practice paralyzed in contravention of the purpose of the law and the Court's determination, we allowed the Council "Outgoing" to resume operating in the existing assembly, and without the restriction we previously instructed.

  1. Shortly thereafter, updated notices were submitted in the proceeding regarding a decision made at the Cabinet meeting on July 5,2026, regarding "a declaration regarding non-recognition of the actions of the Council of the Second Authority that will be carried out in contravention of the threshold conditions set forth in the law" (hereinafter: the government's statement). The government's statement was issued following the decision of the interim order, in which the government declared that:

"The government declares that it will act with all the legal tools at its disposal in order to cancel the decision, and therefore in the future the government will not hear a claim of reliance, a claim of a done act, a claim of administrative correctness, or any other claim that seeks to give validity to an action taken by a council that does not meet the statutory threshold conditions for exercising its powers."

  1. Following the updated announcements regarding the government's statement, we clarified the following in our decision of July 7,2026:

"We have recorded before us what is stated in the noticeand the update.  In the circumstances of the case, it seems that there is room to return to basic concepts:

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