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CONSTITUTIONAL LAW
OF

ISRAEL

Full Text

ISRAEL

Israel - Basic Law: The Government

(Adopted: 14 April 1992 / Status: 14 April 1992)

Section 1 Nature

The Government is the executive authority of the State.

Section 2 Seat of power

The seat of the Government is Jerusalem.

Section 3 Source of authority and composition

(a) The Government is comprised of the Prime Minister and Ministers.

(b) The Prime Minister serves by virtue of his being elected in the national general elections, to be conducted on a direct, equal, and secret basis in compliance with The Election Law (The Knesset and The Prime Minister).

(c) The Ministers will be appointed by the Prime Minister; their appointment requires the approval of the Knesset.

(d) Should the Knesset reject the Prime Minister's proposal regarding the composition of the Government, it will be regarded as an expression of no confidence in the Prime Minister, and the provisions of Section 19 (b) will apply.

Section 4 Election date

Whenever elections are being conducted for the Knesset, the same date will also be determined for the elections for the Prime Minister, excepting when new elections are held pursuant to an election appeal.

Section 5 Special elections

In the cases specified in this Basic Law separate elections will be held for the election of the Prime Minister (hereinafter - special elections).

Section 6 The right to vote

Persons entitled to vote in the elections to the Knesset shall be entitled to vote in the elections for the Prime Minister.

Section 7 Period of service

The period of service of the Prime Minister and the Ministers shall be equal to the period of service of the Knesset to which they were elected; in special elections for the period of service of the Knesset serving at that time, unless specified differently in this Basic Law.

Section 8 Eligibility of Prime Ministerial candidates

(a) Persons fulfilling the following conditions are eligible candidates for the Prime Ministership:

(1) Eligible for candidacy to the Knesset and at least thirty years old on the day of submission of candidacy.

(2) Should the elections for the Prime Minister be conducted at the same time as the Knesset elections - the candidate for Prime Minister will head the list of candidates for the Knesset.

(3) Should special elections be held - he will be a member of Knesset.

Section 9 The right to propose a candidate

(a) The following bodies may propose Prime Ministerial candidates:

(1) A faction of the outgoing Knesset, with no less than ten members, having submitted a list of candidates to the Knesset.

(2) A few factions of the outgoing Knesset, with not less than ten members, having submitted a list of candidates or lists of candidates to the Knesset.

(3) Fifty thousand enfranchised persons.

(b) In special elections, a candidate may be proposed by a faction or factions of the Knesset, the total number of members of the faction or factions not being less than ten members or fifty thousand enfranchised persons.

Section 10 Election date for special elections

(a) Should this Basic Law give cause for the conducting of special elections, the said elections will be conducted on the last Tuesday preceding the passage of sixty days from the day that the cause for the elections was created.

(b) Should this Basic Law give cause for the conducting of special elections and the date thereof is one year or less prior to the conducting of Knesset elections according to Section 9 of The Basic Law: The Knesset, the Knesset elections will be brought forward, and the Knesset elections and the Prime Ministerial elections will be conducted on the date initially determined for the special elections.

Section 11 Postponement of elections due to day of rest

Should the date of the Knesset elections or the date of the Prime Ministerial elections according to this Basic Law, fall on a day of rest, the eve of a day of rest or the day after a day of rest, the elections will then be held on the first subsequent Tuesday that is not a day of rest, the eve of a day of rest or the day after a day of rest.

Section 12 Death of candidate or cessation of candidacy

(a) In the event of a candidate's death or if reasons of health prevent him from being a candidate, after the final date specified by law for the submission of candidacy, the elections for the Knesset and the Prime Minister or the special elections will accordingly be postponed accordingly.

(b) (...}

Section 13 (...}

Section 14 Beginning of service

(a) Within 45 days of the publication of the election results the Prime Minister elect will appear before the Knesset, present the Ministers of the Government, announce the division of tasks and the guiding principles of the Government's policies, and the Prime Minister and the Ministers will begin their service, provided that the provisions of Section 33 (a) and (b) have been complied with. As soon as possible after that the Prime Minister and the Ministers will make their declarations of allegiance before the Knesset in the version specified in Subsection (c).

(b) The Prime Minister elect will give the Speaker of the Knesset preliminary notice of his intention to appear before the Knesset not later than seven days before the termination of the period specified in Subsection (a); should the notification be not be given during one of the Knesset sessions, the Knesset Speaker will convene the Knesset for that purpose.

(c) This is the text of the declaration of allegiance of the Prime Minister:

"I (name) as Prime Minister undertake to uphold the State of Israel and its laws, to faithfully fulfil my role as the Prime Minister and to comply with the decisions of the Knesset."

This is the text of the declaration of allegiance of the Ministers:

"I (name) as a member of the Government, undertake to uphold the State of Israel and its laws, to faithfully fulfil my role as a member of the Government, and to comply with the decisions of the Knesset."

Section 15 Failure to present Government

(a) Should the Government not be presented in accordance with the provisions of Section 14, special elections will be held.

(b) Should the Prime Minister elect fail to present the Government as stated, and is again elected Prime Minister and again fails to present a Government, he may not submit his candidacy in the subsequent special elections.

Section 16 Eligibility of Ministers

(a) A person ineligible for candidacy to the Knesset may not be appointed as a Minister; however, a person having served in a position or role as specified in Section 7 of The Basic Law: The Knesset, may be appointed as Ministers, provided that he cease functioning in the said position or role prior to his appointment.

(b) A person convicted of an offence involving moral turpitude, prior to the passage of ten years from the day he completed his period of punishment, may not be appointed as a Minister.

(c) A Knesset member seceding from his faction and failing to tender his resignation as a Knesset member may not be appointed as a Minister during the period of service of that Knesset.

Section 17 Publication of agreements

(a) Should a written agreement be drawn up pertaining to the election of the Prime Minister or the establishment of the Government, or relating an expression of no confidence therein, or pertaining to the adding of Ministers to the Government after its establishment, or pertaining to the appointment of a Deputy Minister, the sides to the agreement shall then submit its complete text to the Secretary of the Knesset within three days of signing, and not later than 48 hours before the election day or 24 hours before the presentation of the Government or the no confidence vote, respectively; in the figuring of days and hours, legally endorsed days of rest or religious holidays shall not be included; should an agreement be drawn up by a list of candidates to the Knesset, the sides will immediately submit a copy thereof to the Secretary of the Knesset.

(b) The Secretary of the Knesset will immediately notify the Knesset of any agreement submitted to him according to this section, and during an Knesset election period he shall also bring them to the attention of the representatives of the candidates, lists.

(c) After the time period specified in Subsection (a) no agreement pertaining to any of the stated issues shall signed unless a new period has been specified for the same issue allowing publication of the agreement as specified in this section.

Section 18 Restrictions of the agreement

(a) Where the Law confers authority to remove persons from any position in the Knesset, the Government, the civil service, a statutory company, a Government company or any other public body, no agreement shall be made nor shall any commitment be given regarding the permanence of that person in his role.

(b) No guarantee shall be granted either directly or indirectly in money, its equivalent, via services or any other kind of benefit, for the ensurance of the performance of an agreement or commitment as specified in this section, and such guarantees will not be valid.

Section 19 Expression of no confidence

(a) The Knesset may by means of a majority of its members adopt an expression of no confidence in the Prime Minister.

(b) An expression of no confidence in the Prime Minister will be deemed to be a Knesset decision to disperse prior to the completion of its period of service.

Section 20 Dispersion due to failure to adopt budget

Non-adoption of the Budget Law within three months subsequent to the beginning of the fiscal year will be considered to be a Knesset decision on its dispersion, prior to the completion of its term of service.

Section 21 Early elections

(a) Should the Knesset express no confidence in the Prime Minister, or fail to adopt the Budget Law under the provisions of Section 20, elections to the Knesset and to the position of Prime Minister will be conducted on the last Tuesday before the passage of 60 days after the expression of no confidence, or upon the completion of the period as stated in Section 20.

(b) Sections 34 and 35 of the Basic Law: The Knesset, will not apply to the dispersion of the Knesset in accordance with Sections 19 and 20.

(c) The Speaker of the Knesset will give notice in Reshumot of an expression of no confidence or of failure to adopt the Budgetary Law.

Section 22 Dispersion of the Knesset by the Prime Minister

(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; a decision to disperse the Knesset will be regarded as a decision of the Knesset to disperse prior to the completion of its term of service, and new elections for the Knesset and the Prime Minister, will be conducted on the last Tuesday before the passage of 60 days from the day of the dispersion of the Knesset.

(b) The Prime Minister may not exercise his authority according to this section:

(1) from the beginning of the period of service of the incoming Knesset and until the establishment of the new Government;

(2) from the day on which the Knesset committee of the Knesset decided to recommend that he be removed from service and until the day the Knesset plenum renders its decision in the matter in accordance with the provisions of Sections 26 and 27.

Section 23 Resignation of Prime Minister

(a) The Prime Minister may, after notifying the Government of his decision to do so, resign by way of submitting his written resignation to the President of the State; the resignation will go into force 48 hours after the letter of resignation is submitted to the President, unless the Prime Minister retracts prior to such time.

(b) A Prime Minister who has resigned will give notice thereof to the Speaker of the Knesset, and the Speaker of the Knesset will then give notice to the Knesset.

(c) Should the Prime Minister resign, special elections will be conducted.

Section 24 Prime Minister ceasing to function as member of Knesset

Should the Prime Minister cease to function as a member of the Knesset, he will be deemed to have resigned.

Section 25 Interrogation and impeachment of the Prime Minister

(a) Criminal proceedings shall not be commenced against the Prime Minister save with the agreement of the Attorney General, and the Prime Minister may only be impeached by the Attorney General.

(b) An indictment against the Prime Minister will be filed and presided over in the Jerusalem District Court, in a presidium of three judges.

(c) Should the Court convict the Prime Minister of an offence, it will state in its decision whether the offence involved moral turpitude.

Section 26 Removal from office pursuant to an offence

(a) Should the Prime Minister be convicted of an offence involving moral turpitude, the Knesset may remove him from office, pursuant to a decision of a majority of the Knesset members.

(b) Within 30 days of the verdict becoming final, the Knesset Committee of the Knesset will render its decision regarding its recommendation pertaining to the removal of the Prime Minister from office; a committee decision to remove the Prime Minister from office shall be a majority decision of its members; should the committee recommend that the Prime Minister be removed from his office, its decision will be brought before the Knesset plenum; should the committee fail to bring its recommendation to the plenum during the prescribed period, the Speaker will raise the issue in the Knesset plenum at the earliest date possible.

(c) No decision shall be made by either the Knesset or the Knesset Committee regarding the removal of the Prime Minister from office, before the Prime Minister has been given an opportunity to state his case before them.

(d) Should the Knesset decide to remove the Prime Minister from office, special elections will be conducted.

(e) The provisions of Sections 42a and 42b of the Basic Law: The Knesset, shall not apply to the Prime Minister.

Section 27 Removal from office not pursuant to an offence

(a) The Knesset may, pursuant to a vote of 80 of its members, remove the Prime Minister from office.

(b) A motion to remove the Prime Minister from office will be submitted by at least 40 Knesset members to the Speaker of the Knesset, and the Speaker will submit it for debate in the Knesset Committee of the Knesset.

(c) The Knesset Committee will decide regarding the motion and present its recommendation to the Knesset plenum within 30 days of the motion being submitted to it; should the Committee fail to present its recommendation in the specified period, the Speaker of the Knesset will bring the matter to debate in the Knesset plenum at the earliest possible date.

(d) Neither the Knesset Committee nor the Knesset itself may decide to remove the Prime Minister unless the Prime Minister has been first given an opportunity to state his case before them.

(e) Should the Knesset decide to remove the Prime Minister from his office, special elections will be conducted.

Section 28 Death of the Prime Minister

Should the Prime Minister die or be permanently incapacitated, special elections will be held.

Section 29 Acting Prime Minister

(a) Should the Prime Minister die, be permanently incapacitated, or be removed from office, the Government will empower one of the Ministers who is also a Knesset member, to serve as acting Prime Minister until the new Prime Minister takes office.

(b) The acting Prime Minister will have all the powers of the Prime Minister, except for the power to disperse the Knesset.

Section 30 Inability to function

(a) Should the Prime Minister be absent from the country, meetings of the Government will be convened and conducted by the Minister delegated by the Prime Minister.

(b) Should the Prime Minister be temporarily unable to discharge his duties for a period not exceeding 100 consecutive days, his place will be filled by a Minister who is also a Knesset member and appointed by the Prime Minister; failing the appointment of a Deputy, or should the appointed person not be able to perform his duties, a Minister who is a Knesset member shall be appointed by the Government as acting Prime Minister until either the Prime Minister or permanent acting Prime Minister resumes his functions.

(c) The provisions of Subsection (a) shall apply to the acting Prime Minister during the period in which he acts in that capacity.

(d) After the passage of one hundred days upon which the Prime Minister does not resume his duties, the Prime Minister will be deemed to have permanently ceased to discharge his duties and the provisions of Sections 28 and 29 shall apply.

Section 31 Continued functioning of the Prime Minister and Ministers

(a) A Prime Minister who has resigned or in whom the Knesset expressed no confidence, will continue in office until the newly elected Prime Minister assumes office.

(b) In the event of the Prime Minister's death, permanent incapacitation, resignation, removal from office, or an expression of no confidence by the Knesset, the Ministers will continue in office until the newly elected Prime Minister assumes office.

Section 32 Continuity of Government

During the election period for the Knesset and the Prime Minister or during special elections, the Prime Minister and the Ministers of the outgoing Knesset will continue in office until the Prime Minister and the Ministers of the new Government assume office.

Section 33 The Ministers

(a) The Government shall not exceed eighteen members in number and not be less than eight.

(b) At least one half of the Ministers shall be Knesset members.

(c) A Minister shall be appointed over an office, but a Minister may be a Minister without portfolio.

(d) The Prime Minister may also function as a Minister appointed over an office.

(e) Subject to the provisions of Subsections (a) and (b), the Prime Minister may add extra Ministers to the Government after its establishment; the commencement of service of a Minister so added to the Government shall be with the submission of notice from the Prime Minister to the Knesset regarding his appointment; immediately afterwards, the new Minister will submit his declaration of allegiance in accordance with the version prescribed in Section 14 (c).

Section 34 The required minimum of Ministers

(a) In a Government in which the number of Ministers including the Prime Minister does not exceed eight, no Minister may be removed from his post.

(b) Should the number of Ministers in the Government including the Prime Minister be less than eight, the Prime Minister will appoint a Minister or Ministers to complement the required minimum; the appointment shall be made within 72 hours and until such time he may not remove any Minister from his post; if the required minimum is not complemented in accordance with these provisions, special elections will be conducted.

Section 35 Termination of service of a Minister

(a) A Minister may resign from the Government by submitting a letter of resignation to the Prime Minister. His service in the Government will be terminated upon the passage of 48 hours from the time the letter of resignation reached the Prime Minister, unless he retracts prior to such time.

(b) The Prime Minister may, by way of written notification, remove a Minister from his post; the removal of Minister will take effect 48 hours after the letter notifying thereof was given to the Minister, unless the Prime Minister retracts prior to such time.

(c) The Knesset may remove a Minister from his post, by way of a decision of a majority of seventy of its members; the Knesset will not debate the removal of a Minister from his post unless the initial recommendation of a majority of the Knesset committee members is received and after the Minister has been provided with an opportunity to state his case before the Knesset Committee and before the Knesset plenum.

(d) The Prime Minister will give notice of the termination of the service of a Minister to both the Government and to the Knesset, at a meeting or in another manner.

Section 36 Acting Minister

Should the Minister cease to serve, be absent from the country, or be temporarily incapable of discharging his duties, the Prime Minister or another Minister appointed by the Prime Minister will discharge his duties until the Minister resumes his regular duties or until the appointment of his replacement; the Prime Minister will give notification to the Government and to the Speaker of the Knesset regarding the appointed acting Minister, and the Speaker of the Knesset will give notice to the Knesset.

Section 37 Deputy Ministers

(a) The Minister in charge of an office, may, with the approval of the Prime Minister, appoint a Deputy Minister for the office, the Deputy having been appointed from amongst the Knesset members; the Prime Minister too may appoint a Deputy in the stated manner; a Deputy Minister shall assume his role after notice of his appointment has been given by the Government to the Knesset; a Deputy Minister appointed by the Prime Minister shall be entitled "a Deputy Minister in the Prime Minister's office"; the number of Deputy Ministers shall not exceed six.

(b) The Deputy Minister shall act both in the Knesset and in office, on behalf of the Knesset member who appointed him and within the parameters allocated to him.

(c) A Knesset member seceding from his faction without resigning from his position subsequent to his secession, may not be appointed to the position of Deputy Minister during the period of service of the same Knesset.

Section 38 Termination of service of Knesset member

The service of a Deputy Minister will be terminated in any of the following cases:

(1) The Deputy Minister resigned by submitting a letter of resignation to the member of Government who appointed him;

(2) The same Minister ceased being a Minister or being in charge of the same office; or in the case of the Prime Minister ceasing to serve if the Deputy was a Deputy Minister in the Prime Minister's office;

(3) The Prime Minister or the appointing Minister decide to terminate the service of the Deputy Minister;

(4) The Deputy Minister ceased being a Knesset member.

Section 39 Prime Minister and functioning of Government

(a) The Prime Minister may:

(1) Determine the roles of the Ministers;

(2) Change the division of roles amongst the Ministers;

(3) Transfer authorities and duties not specified in the Law from one Minister to another;

(4) Transfer areas of actions from one office to another;

(5) Establish the Government offices, unite or divide them, abolish them or establish new offices, and having done so give notice thereof to the Knesset;

(6) Establish permanent or temporary Ministerial committees for particular matters; after the appointment of a committee the Government may conduct its operations through it;

(b) Authority granted by law to a particular Minister may be transferred by the Prime Minister either totally or partially to another Minister; a decision according to this section must be approved by the Government;

(c) The Prime Minister will conduct the functioning of the Government and will set work procedures and voting procedures in the Government and its committees;

(d) Government decisions will be adopted by a majority vote; should the vote be drawn, the Prime Minister will have an additional vote.

Section 40 Government powers

The Government is authorized to perform in the name of the State and subject to any law, all actions which are not legally incumbent on another authority.

Section 41 Delegation of powers

(a) with the exception of powers granted in accordance with this Basic Law, powers granted by law to the Government may be delegated to one of the Ministers.

(b) Powers granted to a Minister by law, transferred to him under the provisions of Section 39 (b), with the exclusion of the authority to make regulations, may be delegated by the Minister either totally or partially or subject to conditions to a civil servant.

(c) Powers delegated by the Government to a Minister, with the exception of the power to make regulations, may be delegated by the Minister either totally or partially or subject to conditions to a civil servant provided that the Government empowered him to do so.

(d) For the purposes of this section and Section 39 (b) -

(1) The power granted to the Government or a Minister also refers to duties incumbent upon them;

(2) A Minister - includes the Prime Minister.

(e) The provisions of this section will apply provided no other intention is evidenced by the law conferring the power or imposing the obligation.

Section 42 Assumption of powers

A Minister, including the Prime Minister, charged the implementation of the law, may assume any power, with the exception of powers of a judicial nature, granted by law to a civil servant, provided that no other intention is evidenced by the law; the Minister may do the above for a particular matter or for a specific period.

Section 43 Exclusivity of office

The Prime Minister, Ministers and Deputy Ministers will discharge their roles in good faith, and will not engage in economic or public activities save within the parameters and in compliance with the principles stipulated by the Government.

Section 44 Secrecy

(a) The debates and decisions of the Government and those of the Ministerial committees regarding the following matters are secret and their disclosure and publication is prohibited; and these are the matters:

(1) State security;

(2) Foreign relations of the State;

(3) Matters regarding which the Government deems secrecy to be essential to the State, a notification thereof having been declared in an order, for the purposes of this law;

(4) A matter that the Government has decided to keep secret; the disclosure and publication of such matters is forbidden only to persons who were aware of the decision.

(b) The provisions of Subsection (a) shall not apply to matters regarding which the Government or the Prime Minister, or such persons that the Government or the Prime Minister have specifically authorized, have permitted their publication or matters the publication of which is legally mandatory.

Section 45 Salaries and pensions

The salaries of the Prime Minister, the Ministers and the Deputy Ministers and other payments paid to them during their period of service or thereafter, or to their next of kin after their deaths, will be specified by law, or by virtue of a decision of the Knesset, or a public committee appointed by the Knesset for that purpose.

Section 46 Government Secretary

The Government will, according to the proposal of the the Prime Minister, appoint a Government Secretary and specify his duties.

Section 47 Regulations

(a) The Prime Minister or the Minister charged with the implementation of a law, is empowered to make regulations for its implementation.

(b) A law may empower the Prime Minister or a Minister to make regulations in a matter specified in the authorization.

Section 48 Knesset supervision of subsidiary legislation

(a) Regulations made by the Prime Minister or a Minister and mandating penal sanctions for their violation will not come into force unless having been approved prior to their publication by the specific Knesset committee responsible for the matter treated therein, should the committee fail to render its decision either approving or rejecting the regulation within 30 days from the day the regulations were submitted, the regulations will be considered to have been approved.

(b) Nothing in the provisions of this section shall derogate from the provisions of a basic law or another law relating to regulations.

Section 49 Declaration of a state of emergency

(a) Should the Knesset ascertain that the State is in a state of emergency, it may, of its own initiative or, pursuant to a Government proposal, declare that a state of emergency exists.

(b) The declaration will remain in force for the period prescribed therein, but may not exceed one year; the Knesset may make a renewed declaration of a state of emergency as stated.

(c) Should the Government ascertain that a state of emergency exists in the State and that its urgency necessitates the declaration of a state of emergency, even before it becomes possible to convene the Knesset, it may declare a state of emergency. The declaration's validity shall expire upon 7 days from its proclamation, if not previously approved or revoked by the Knesset, pursuant to a decision by a majority of its members; should the Knesset fail to convene, the Government may make a renewed declaration of a state of emergency as stated in this subsection.

(d) The Knesset and Governmental declarations of a state of emergency will be published in Reshumot; should publication in Reshumot not be possible, another appropriate manner will be adopted, provided that notification thereof be published in Reshumot at the earliest possible date.

(e) The Knesset may at all times revoke the declaration of the state of emergency; notification of its revocation will be published in Reshumot.

Section 50 State of emergency

(a) During a state of emergency the Government may make emergency regulations for the defence of the State, public security and the maintenance of supplies and essential services; emergency regulations will be submitted to the Foreign Affairs and Security Committee at the earliest possible date after their enactment.

(b) Should the Prime Minister deem it impossible to convene the Knesset, given the existence of an immediate and critical need to make emergency regulations, he may make such regulations or empower a Minister to make them.

(c) Emergency regulations may alter any law temporarily suspend its effect or introduce conditions, and may also impose or increase taxes or other compulsory payments unless there be another provision by law.

(d) Emergency regulations may not prevent recourse to legal action, or prescribe retroactive punishment or allow infringement upon human dignity.

(e) Emergency regulations shall not be enacted, nor shall arrangements, measures and powers be implemented in their wake, except to the extent warranted by the state of emergency.

(f) The force of emergency regulations shall expire three months after the day of their enactment unless their force is extended by law, or they are revoked by the Knesset by law, or pursuant to a decision of a majority of the members of Knesset.

(g) Emergency regulations shall come into force on the day of their publication in Reshumot; should publication in Reshumot not be possible another appropriate means of publication will be adopted provided that they be published in Reshumot as soon as possible.

(h) Should the state of emergency cease to exist, the regulations enacted will remain in force for the duration of the prescribed period, however not longer than for 60 days after the termination of the state of emergency; state of emergency regulations whose force was lengthened by law shall remain in force.

Section 51 Declaration of war

(a) The state may only begin a war pursuant to a Government decision.

(b) Nothing in the provisions of this section will prevent the adoption of military actions necessary for the the defence of the state and public security.

(c) Notification of a Government decision to begin a war under the provision of Subsection (a) will be submitted to the Knesset Foreign Affairs and Security Committee as soon as possible; the Prime Minister also will give notice to the Knesset plenum as soon as possible; notification regarding military actions as stated in Subsection (b) will be given to the Knesset Foreign Affairs and Security Committee as soon as possible.

Section 52 The Government and Knesset committees

(a) The Government will provide the Knesset and its committees with information upon request and will assist them in the discharging of their roles; special provisions will be prescribed by law for the classification of information when the same is required for the protection of state security and foreign relations or international trade connections or the protection of a legally mandated privilege.

(b) The Knesset may, at the request of at least forty of its members, conduct a session with the participation of the Prime Minister, pertaining to a topic decided upon; requests as stated may be submitted no more than once a month.

(c) The Knesset may obligate a Minister to appear before it, similar authority is granted to any of the Knesset committees within the framework of their tasks.

(d) Any of the Knesset committees may within the framework of the discharging of their duties, and under the auspices of the relevant Minister and with his knowledge, require a civil servant or any other person prescribed in the law, to appear before them.

(e) The Prime Minister and any Minister may speak before the Knesset and its committees.

(f) Details regarding the implementation of this section may be prescribed by law or in the Knesset articles.

Section 53 Inapplicability of emergency laws

Notwithstanding the provisions of any law, emergency regulations cannot change this Basic Law, temporarily suspend it, or make it subject to conditions.

Section 54 Notifications to the Knesset

(a) The Government shall notify the Knesset regarding the following matters:

(1) The appointment of an acting Prime Minister or the appointment of the Prime Minister;

(2) The resignation or the death of the Prime Minister;

(3) The resignation or the death of a Minister;

(4) Transfer of activities from one office to another;

(5) The expiration of the office of a Deputy Minister.

(b) The notification will be made in the Knesset, and, during the Knesset recess, to the Speaker of the Knesset, who will notify the Knesset members thereof.

Section 55 Publication in Reshumot

(a) The Knesset shall give public notice of the following in Reshumot:

(1) Knesset expression of no-confidence in the Prime Minister;

(2) Removal of the Prime Minister from his office;

(3) The removal of a Minister from his office by the Knesset;

(4) A Knesset approval in accordance with Section 39 (b);

(5) A decision under Section 45.

(b) The Government shall give public notice of the following in Reshumot:

(1) The presentation of the Government to the Knesset, its Ministers and the allocation of roles between them;

(2) The addition of a Minister to the Government;

(3) Assumption of powers under Section 42;

(4) A Prime Ministerial decision under Sections 39 (a)(1)-(5);

(5) The appointment of a Deputy Minister or the expiration of his office;

(6) The appointment of the Government Secretary;

(7) The removal of a Minister from office by the Prime Minister.

Section 56 Stability of the Law

(a) This Basic Law may not changed unless by a majority of the Knesset members; however, a provision prescribing that Knesset decision must be adopted by a specified number of the Knesset members, will not be altered unless by at least the same amount of Knesset members; the required majority under this section will be required for decisions of the Knesset during the first reading the second reading and the third reading; "change" for the purposes of this section means both specific and by implication.

(b) The provisions of this section shall not apply to Sections 57-63.

Section 57 (...}

Section 58 (...}

Section 59 (...}

Section 60 (...}

Section 61 (...}

Section 62 (...}

Section 63 Commencement and applicability

(a) The provision of this Basic Law will apply to the election of the Prime Minister and to the establishment of the Government beginning from the elections to the fourteenth Knesset.

(b) Subject to the provisions of Subsection (a), this Basic Law shall come into force on the first day of service of the Prime Minister elected in accordance with the provisions of Subsection (a).

Section 64 Transitional provisions

(a) On the day of the coming into force of this Basic Law, a state of emergency will deemed to have been declared according to Section 49 (a) of this Basic Law.

(b) Any legislation containing a provision making its continued force dependent on the continuation of the state of emergency as declared according to Section 9 of the Law and Order Ordinance 5708-1948, will remain in force for as long as a state of emergency exists, in accordance to Subsection (a).

(c) Any legislation referring to the state of emergency as declared according to Section 9 of the Law and Order Ordinance 5708-1948, will be deemed as referring to a state of emergency declared according to Section 49 of this Basic Law.

Section 65 Publication

This law will come into force 30 days from the day of its adoption.

Israel - Basic Law: The President of the State

(Adopted: 16 June 1964 / Status: 16 June 1964)

Section 1 Status

A President shall be the head of the state.

Section 2 Place of residence

The place of residence of the President of the State shall be Jerusalem.

Section 3 Election and period of tenure

The President of the State shall be elected by the Knesset for five years.

Section 4 Eligibility

A person who has held office as President of the State for two successive periods shall not be a candidate in the election for the period immediately following.

Section 5 Date of election

The election of the President of the State shall be held not earlier than ninety days and not later than thirty days before the expiration of the period of tenure of the President in office. If the place of the President of the State falls vacant before the expiration of his period of tenure, the election shall be held within forty-five days from the day on which such place falls vacant. The Chairman of the Knesset, in consultation with the Deputy Chairman, shall fix the day of the election and shall notify it to all the Members of the Knesset in writing at least twenty days in advance. If the day of the election does not fall in one of the session terms of the Knesset, the Chairman of the Knesset shall convene the Knesset for the election of the President of the State.

Section 6 Proposal of candidates

(a) When the day of the election has been fixed, any ten or more Members of the Knesset may propose a candidate. The proposal shall be in writing and shall be delivered to the Chairman of the Knesset, together with the consent of the candidate in writing or by telegram, not later than ten days before the day of the election. A member of the Knesset shall not sponsor the proposal of more than one candidate.

(b) The Chairman of the Knesset shall notify all the members of the Knesset, in writing, not later than seven days before the day of the election, of every candidate proposed and of the names of the Members of the Knesset who have proposed him, and shall announce the candidates at the opening of the meeting at which the election is held.

Section 7 Voting

The election of the President of the State shall be by secret ballot at a meeting of the Knesset assigned only for that purpose.

Section 8 Election by majority of votes

The candidate who has received the votes of a majority of the Members of the Knesset is elected. If no candidate receives such a majority, a second ballot shall be held. If there is no majority as aforesaid at the second ballot, either, voting shall be continued. At the third and every subsequent ballot, the candidate who at the preceding ballot received the smallest number of votes shall no longer stand for election. The candidate who at the third or any subsequent ballot receives a majority of the votes of the Members of the Knesset who take part in the voting and vote for one of the candidates is elected. If two candidates receive the same number of votes, voting shall be repeated.

Section 9 Declaration of allegiance

The President-Elect shall make and sign before the Knesset the following declaration of allegiance:

"I pledge myself to bear allegiance to the State of Israel and to its laws and faithfully to carry out my functions as President of the State.".

Section 10 Making of declaration and commencement of period of tenure

The President-Elect shall make his declaration of allegiance and begin to hold office upon the expiration of the period of tenure of the preceding President of the State. If the place of the preceding President of the State falls vacant before the expiration of his period of tenure, the President-Elect shall make his declaration of allegiance as soon as possible after his election and shall begin to hold office upon making his declaration of allegiance.

Section 11 Functions and Powers

(a) The President of the State -

(1) shall sign every Law, other than a Law relating to its powers;

(2) shall take action to achieve the formation of a Government and shall receive the resignation of the Government in accordance with Law;

(3) shall receive from the Government a report on its meetings;

(4) shall accredit the diplomatic representatives of the State, shall receive the credentials of diplomatic representatives sent to Israel by foreign states, shall empower the consular representatives of the State and shall confirm the appointments of consular representatives sent to Israel by foreign states;

(5) shall sign such conventions with foreign states as have been ratified by the Knesset;

(6) shall carry out every function assigned to him by Law in connection with the appointment and removal from office of judges and other office-holder's.

(b) The President of the State shall have power to pardon offenders and to lighten penalties by the reduction or commutation thereof.

(c) The President of the State shall carry out every other function and have every other power assigned to him by Law.

Section 12 Countersignature

The signature of the President of State on an official document, other than a document connected with the formation of a Government, shall require the countersignature of the Prime Minister or of such other Minister as the Government may decide.

Section 13 Immunity with regard to discharge of functions

(a) The President of the State shall not be amenable to any court or tribunal, and shall be immune from any legal act, in respect of anything connected with his functions or powers.

(b) The President of the State shall not, in giving evidence, have to disclose anything which came to his knowledge in the discharge of his functions as President of the State.

(c) The immunity of the President of the State under this section shall continue after he has ceased to be President of the State.

Section 14 Immunity from criminal proceedings

The President of the State shall not be criminally prosecuted. The period during which, by virtue of this section, the President of the State cannot be prosecuted for an offence shall not be counted in calculating the period of prescription of that offence.

Section 15 Evidence

If the President of the State is required to give evidence, his evidence shall be taken at such place and time as shall be determined with his sanction.

Section 16 Salary and other payments

The salary of the President of the State, and other payments to be made to him during or after his period of tenure, including payments to be made to his survivors, shall be fixed by resolution of the Knesset, which may empower the Finance Committee in that behalf. Resolutions under this section shall be published in Reshumot.

Section 17 President to hold no other office

(a) Save with the sanction of the House Committee of the Knesset, the President of the State shall not hold any post, or exercise any function, other than the post and functions of President of the State.

(b) The President of the State shall be exempt from all compulsory service.

Section 18 Departure for abroad

The President of the State shall not leave the territory of the State save with the sanction of the Government.

Section 19 Resignation

The President of the State may resign his office by submitting a letter of resignation to the Chairman of the Knesset. The letter of resignation shall not require a countersignature. The place of the President of the State shall become vacant forty-eight hours after the letter of resignation reaches the Chair-man of the Knesset.

Section 20 Removal of President from office

(a) The Knesset may, by resolution, remove the President of the State from office if it finds that he is unworthy of his office owing to conduct unbecoming his status as President of the State.

(b) The Knesset shall not remove the President of the State from office, save following a complaint brought before the House Committee by at least twenty members of the Knesset and upon the proposal of the House Committee passed by a three-quarters majority of the members of the Committee. A resolution by the Knesset to remove the President from office shall require a three-quarters majority of the Members of the Knesset.

(c) The House Committee shall not propose the removal of the President of the State from office before he has been given an opportunity to refute the complaint in accordance with procedure prescribed by the Committee with the approval of the Knesset, and the Knesset shall not resolve to remove the President of the State from office before he has been given an opportunity to be heard in accordance with procedure prescribed by the House Committee with the approval of the Knesset.

(d) The President of the State may be represented before the House Committee and before the Knesset by an authorised representative. A Member of the Knesset shall not act as the representative of the President. The House Committee and the Knesset may summon the President of the State to be present at proceedings under this section.

(e) Proceedings of the Knesset under this section shall be taken at a meeting, or successive meetings, assigned solely for that purpose. The proceedings shall begin not later than twenty days after the resolution of the House Committee. The time of their beginning shall be notified by the Chairman of the Knesset to all the Members of the Knesset, in writing, at least ten days in advance. If the beginning of the proceedings does not fall in one of the session terms of the Knesset, the Chairman of the Knesset shall convene the Knesset for the proceedings.

Section 21 Vacation of post for reasons of health

(a) The Knesset may, by resolution passed by a majority of its members, declare that for reasons of health the President of the State is permanently unable to carry out his functions.

(b) The Knesset shall not pass a resolution as aforesaid save upon the proposal of the House Committee passed by a two-thirds majority of its members on the strength of a medical opinion given in accordance with rules prescribed by the Committee.

(c) If the Knesset resolves as aforesaid, the place of the President of the State shall become vacant on the day of the resolution.

Section 22 Temporary cessation of exercise of office

(a) The President of the State shall temporarily cease to carry out his functions and exercise his powers -

(1) if he leaves the territory of the State - from the time of his leaving until his

(2) if he notifies the House Committee that for reasons of health he is temporarily unable to carry out his functions and the Knesset Committee approves his notification by a majority of votes -- from the time of the approval of the notification until the expiration of the period fixed by the Committee in its resolution or until the President of the State notifies the House Committee that he is no longer unable to carry out his functions, whichever is the earlier date;

(3) if the House Committee, by a two-thirds majority of its members, on the strength of a medical opinion given in accordance with rules prescribed by the Committee, resolves that for reasons of health the President of the State is temporarily unable to carry out his functions -- from the passing of the resolution until the expiration of the period fixed by the House Committee in the resolution or until the House Committee resolves that the President is no longer unable to carry out his functions.

(b) The House Committee shall not, under Subsection (a)(2) or (3), fix a period exceeding three months. It may extend the period, without a break, up to a maximum of three additional months. Any further extension shall require a resolution of the Knesset passed by a majority of the Members of the Knesset upon the proposal of the House Committee.

Section 23 Interim President and Acting President

(a) If the place of the President of the State has fallen vacant, and so long as the new President has not yet begun to hold office, the Chairman of the Knesset shall hold office as Interim President of the State.

(b) During a period in which the President of the State has temporarily ceased to carry out his functions and exercise his powers, the Chairman of the Knesset shall hold office as Acting President of the State.

(c) While holding office as Interim President of the State or Acting President of the State, the Chairman of the Knesset shall carry out the functions assigned to the President of the State by Law and shall exercise the powers vested in the President of the State by Law.

Section 24 Notices in Reshumot

(a) The Chairman of the Knesset shall publish a notice in Reshumot as to -

(1) the commencement of the tenure of the President of the State;

(2) the vacancy of the place of the President of the State;

(3) the commencement and termination of the tenure of the Chairman of the Knesset as Acting President of the State under Section 22 (a)(2) and (3).

(b) The Prime Minister shall publish a notice in Reshumot as to the President's leaving the territory of the State and as to his return.

Section 25 Law not to be affected by emergency regulations

Notwithstanding the provisions of any other law, this Law cannot be varied, suspended, or made subject to conditions, by emergency regulations.

Section 26 (...}

Section 27 (...}

Israel - Basic Law: The Knesset

(Adopted: 12 Feb 1958 / Status: 19 May 1987)

Section 1 What the Knesset is

The Knesset is the parliament of the State.

Section 2 Place of sitting

The place of sitting of the Knesset is Jerusalem.

Section 3 Composition

The Knesset shall, upon its election, consist of one hundred and twenty members.

Section 4 Electoral system

The Knesset shall be elected by general, national, direct, equal, secret and proportional elections, in accordance with the Knesset Elections Law; this section shall not be varied save by a majority of the members of the Knesset.

Section 5 The right to vote

Every Israel national of or over the age of eighteen years shall have the right to votein elections to the Knesset unless a court has deprived him of that right by virtue of any Law; the Elections Law shall determine the time at which a person shall be considered to be eighteen years of age for the purpose of the exercise of the right to vote in elections to the Knesset.

Section 6 The right to be elected

(a) Every Israel national who on the day of the admission of a candidates list containing his name is twenty-one years of age or over shall have the right to be elected to the Knesset unless a court has deprived him of that right by virtue of any Law or he has been sentenced to a penalty of actual imprisonment for a term of five years or more for an offence against the security of the State designated in that behalf by the Knesset Elections Law and five years have not yet passed since the day when he terminated his period of imprisonment.

(b) Where an Israeli national is a national also of another state, and the law of that state enables his release from its nationality, he shall not be a candidate for the Knesset unless, by the time of the submission of the candidates' list including his name and to the satisfaction of the chairman of the Knesset Central Elections Committee, he has done everything required on his part to be released therefrom. For this purpose, a person shall not be regarded as a national of another state unless, at any time, he had a passport of that state or another document attesting to his being a national of that state.

Section 7 Who shall not be a candidate

The following shall not be candidates for the Knesset:

(1) the President of the State;

(2) the two Chief Rabbis;

(3) a judge, so long as he holds office;

(4) a judge of a religious court, so long as he holds office;

(5) the State Comptroller;

(6) the Chief of the General Staff of the Defence Army of Israel;

(7) rabbis and ministers of other religions while holding office for a remuneration;

(8) senior State employees and senior Army officers of such grades or ranks and in such functions as shall be determined by Law.

Section 7a Prevention of Participation of Candidates List

A candidates' list shall not participate in elections to the Knesset if its objects or actions, expressly or by implication, include one of the following:

(1) negation of the existence of the State of Israel as the state of the Jewish people;

(2) negation of the democratic character of the State;

(3) incitement to racism.

Section 8 Term of office of the Knesset

The term of office of the Knesset shall be four years from the day on which it is elected.

Section 9 Date of elections

The elections to the Knesset shall take place on the third Tuesday of the month of Cheshvan in the year in which the tenure of the outgoing Knesset ends, But if the year which preceded that year was a leap year, the elections shall take place on the first Tuesday of that month.

Section 9a Lengthening of Period of Service

(a) The Knesset will not lengthen its period of service save by a law adopted by a majority of eighty of the Knesset members and in special circumstances that prevent the conduct of timely elections; the period of extension shall not exceed the amount of time necessitated by the said circumstances; the stated law will state the date of the elections.

(b) Without prejudice to the provisions of Section 34, the Knesset may by a decision of a majority of its members, bring forward the election date determined according to Subsection (a), provided that the new date not precede the election date for the Knesset according to Section 9.

Section 10 Election day to be a day of rest

Election day shall be a day of rest, but transport services and other public services shall function normally.

Section 11 Publication of election results

The results of the elections shall he published in Reshumot within fourteen days from election day.

Section 12 Convening of the Knesset

The Knesset shall convene for its first meeting on Monday in the second week following the week in which the election results are published, at four o'clock in the afternoon, or, if that day is a festival or the eve of festival, on the workday next following the festival.

Section 13 Opening of the Knesset

The Knesset shall be opened by the President of the State or, in his absence, by the oldest Knesset member present; if the President of the State opens the Knesset, he shall hand over the chairmanship of the meeting to the oldest Knesset member present.

Section 14 Declaration of allegiance by members of the

Knesset

When the oldest Knesset member has opened the first meeting of the Knesset or taken over the chairmanship thereof, he shall make his declaration of allegiance as a Knesset member; the declaration shall read as follows:

"I pledge myself to bear allegiance to the State of Israel and faithfully to discharge my mandate in the Knesset."

When the oldest Knesset member has made his declaration of allegiance, he shall read the text once more to the members of the Knesset, and each of them in turn shall rise and declare:

"I pledge myself".

Section 15 Declaration after the opening meeting

A Knesset member who was not present at the opening meeting or who became a Knesset member after that meeting shall make his declaration of allegiance at the first meeting that he attends; the chairman of the meeting shall read to him the text of the declaration, and the member shall rise and declare:

"I pledge myself."

Section 16 Failure to make declaration

Where the Chairman of the Knesset has called upon a member of the Knesset to make his declaration of allegiance and the member has not done so, the member shall not enjoy the rights of a member of the Knesset so long as he has not made the declaration.

Section 17 Immunity of Knesset members

The members of the Knesset shall have immunity; particulars shall be prescribed by Law.

Section 18 Immunity of Knesset buildings

The building of the Knesset shall have immunity; particulars shall be prescribed by Law.

Section 19 Procedure and rules

The Knesset shall itself prescribe its procedure; in so far as such procedure has not been prescribed by Law, the Knesset shall prescribe it by rules; so long as the procedure has not been prescribed as aforesaid, the Knesset shall follow its accepted practice and routine.

Section 20 Chairman and Vice-Chairmen

The Knesset shall elect from among its members a Chairman and Vice-Chairmen.

Section 20a Acting Chairman and Interim Chairman of Knesset

(a) Whenever the Chairman of the Knesset leaves the territory of the State, a Vice-Chairman shall serve as Acting Chairman until his return. (b) Whenever the Chairman of the Knesset notifies the House Committee, or if the House Committee decides, that for reasons of health the Chairman of the Knesset is temporarily unable to carry out his functions, a Vice-Chairman shall serve as Acting Chairman until the Chairman notifies the House Committee or until the House Committee decides that the Chairman is no longer unable to carry out his functions.

(c) When the post of Chairman of the Knesset has fallen vacant - because the Chairman has resigned or has died or because the House Committee has decided that for reasons of health he is permanently unable to carry out his functions - a Vice-Chairman shall serve as Interim Chairman until the Knesset elects a new Chairman.

(d) The Vice-Chairman who is to serve as Acting Chairman or Interim Chairman of the Knesset shall be elected in that behalf by the House Committee.

(e) During his tenure as Acting Chairman or Interim Chairman of the Knesset, the Vice-Chairman shall serve in every capacity assigned to the Chairman of the Knesset by law, shall carry out every function imposed upon the Chairman of the Knesset by law and shall exercise every power vested in the Chairman of the Knesset by law.

(f) The provisions of this section shall also apply, mutatis mutandis, if the circumstances envisaged in Subsection (a), (b), or (c) with regard to the Chairman of the Knesset exist with regard to a Vice-Chairman who is serving as Acting Chairman or Interim Chairman.

Section 21 Committees

The Knesset shall elect from among its members permanent committees, and it may elect from among its members committees for specific matters; the functions, powers and procedure of the committees shall, in so far as they are not prescribed by Law, be prescribed by the Rules.

Section 22 Commissions of inquiry

The Knesset may appoint commissions of inquiry - either by empowering one of the permanent committees in that behalf or by electing a commission from among its members - to investigate matters designated by the Knesset; the powers and functions of a commission of inquiry shall be prescribed by the Knesset; every commission of inquiry shall include also representatives of party groups which do not participate in the Government, in accordance with the relative strength of the party groups in the Knesset.

Section 23 Government member who is not a member of the

Knesset

A member of the Government who is not a member of the Knesset shall, as to everything relating to the Knesset, have the same status as a member of the Government who is a member of the Knesset, except that he shall not have the right to vote.

Section 24 Quorum

The Knesset shall hold debates and pass decisions whatever the number of members present save as otherwise provided by Law.

Section 25 Majority

Save as otherwise provided by Law, the Knesset shall pass its decisions by a majority of those participating in the voting - those abstaining not being reckoned as participating - and the voting procedure shall be prescribed by the Rules.

Section 26 Meetings

The meetings of the Knesset shall be held at its place of sitting: Provided that in special circumstances the Chairman of the Knesset may, in consultation with the Vice-Chairmen, convene the Knesset elsewhere. The meetings of the Knesset shall take place on workdays.

Section 27 Publicity of meetings

The Knesset shall sit in public unless it has been decided, under such conditions and in such manner as has been prescribed by the Rules, that it shall sit in camera.

Section 28 Publication - open meetings

The publication of proceedings taken and utterances made at an open meeting is not restricted and does not entail any criminal or civil liability: Provided that the chairman of the meeting may, in such manner as has been prescribed by the Rules, prohibit the publication of anything the publication of which may, in his opinion, prejudice the security of the State.

Section 29 Publication - closed meetings

The publication of proceedings taken and utterances made at a closed meeting is prohibited in so far as it has not been permitted in the manner prescribed by the Rules.

Section 30 Prohibited publication

A person who publishes anything the publication of which is prohibited under the preceding two sections is liable to the penalties prescribed by Law.

Section 31 Sessions

(a) The Knesset shall hold two sessions a year; one of them shall open within four weeks after the Feast of Tabernacles, the other within four weeks after Independence Day; the aggregate duration of the two sessions shall not be less than eight months.

(b) If a Knesset has been elected otherwise than at the date prescribed in Section 9, the House Committee shall prescribe the times of the two terms in the year in which it was elected.

Section 32 Time for opening of sessions

If the Knesset has not been convened within the four weeks referred to in the preceding section, it shall convene on Monday in the fifth week, at four o'clock in the afternoon.

Section 33 Convening of the Knesset out of season

In addition to the aforementioned sessions, the Chairman of the Knesset shall convene the Knesset upon the demand of thirty members of the Knesset or upon the demand of the Government.

Section 34 Dissolution of the Knesset

The Knesset shall not decide to dissolve itself before the expiration of its term of office save by adopting a Law for that purpose by a majority of the Knesset members.

Section 35 Date of elections after dissolution of the Knesset

The Law concerning the dissolution of the Knesset shall contain a provision as to the date of the elections to the next Knesset.

Section 36 Term of office of the Knesset after dissolution

If the Knesset decides to dissolve itself, the term of office of the next Knesset shall run until the month of Cheshvan next following the termination of four years from the day of its election.

Section 37 Continuity of the Knesset

The outgoing Knesset shall continue to hold office until the convening of the incoming Knesset.

Section 38 Extension of validity of enactments

Any enactment due to expire during the last two months of the term of office of the outgoing Knesset or within four months after the Knesset has decided to dissolve itself or during the first three months of the term of office of the incoming Knesset shall continue in force until tile expiration of the said three months.

Section 39 Remuneration of members of the Knesset

The members of the Knesset shall receive a remuneration as provided by Law.

Section 40 Resignation of member of the Knesset

A member of the Knesset may resign his office; resignation shall be by personal presentation of a letter of resignation by the resigning member to the Chairman of the Knesset or, if the member is unable to present the letter of resignation personally, by transmission thereof in the manner prescribed by the Rules; the letter of resignation shall be signed on the day of the presentation or transmission.

Section 41 Consequences of resignation

If a member of the Knesset tenders his resignation, his membership of the Knesset shall cease forty-eight hours after the letter of resignation reaches the Chairman of the Knesset, unless the member withdraws resignation before then.

Section 42 Termination of tenure of member of the Knesset

If a member of the Knesset is elected or appointed to one of the posts the holders of which are debarred from being candidates for the Knesset, his membership of the Knesset shall cease upon the election or appointment.

Section 42a Knesset Member who has been convicted

(a) The Knesset may, by resolution, remove a Knesset Member from office if it finds that he is not worthy of his office because he has been convicted, by final judgment, of a criminal offence and been sentenced to a penalty of actual imprisonment for a term of one year or more.

(b) The Knesset shall not remove a Knesset Member from office save following a complaint brought before the House Committee by at least ten Knesset Members and upon the proposal of the House Committee. A resolution of the Knesset to remove a Knesset Member from office shall not be passed save by a two-thirds majority of the Members of the Knesset.

(c) The House Committee shall not propose, and the Knesset shall not resolve upon, the removal of a Knesset Member from office before he has been given an opportunity to be heard.

Section 42b Suspension

(a) Where a Knesset Member has been convicted of a criminal offence, the House Committee may, upon the proposal of any Knesset Member, suspend him from office as a Knesset Member for the period during which the judgment is not final.

(b) Where a Knesset Member has been convicted of a criminal offence and sentenced to imprisonment, the House Committee may, upon the proposal of any Knesset Member, suspend him from his office as a Knesset Member for the period during which he is undergoing his penalty of imprisonment.

(c) The House Committee shall not pass a resolution under this section before the Knesset Member has been given an opportunity to be heard.

Section 43 Replacement of Knesset member

(a) If the seat of a member of the Knesset falls vacant, it shall be filled by the candidate who, in the list of candidates which included the name of the late member, figured immediately after the last of the elected candidates. (b) Where a person's membership of the Knesset has been suspended under Section 42b, his seat shall become vacant for the period of the suspension and his place shall be taken by the candidate referred to in Subsection (a). If he resumes his seat, the last of the list of candidates who became a Knesset Member shall cease to hold office, but his right to become again a Knesset Member thereafter, by virtue of the provision of Subsection (a), shall not be affected thereby.

Section 44 Law not to be affected by emergency regulations

Notwithstanding the provision of any other law, this Law cannot be varied, suspended, or made subject to conditions, by emergency regulations.

Section 45 Entrenched sections

The Section 44, or this section, shall not be varied save by a majority of eighty members of the Knesset.

Section 45a Entrenchment provision

The provision of Section 45 will also apply to a change according to Section 9a (a).

Section 46 Special majority when required

The majority required under this law for the alteration of Sections 4, 9a, 34, 44 or 45 shall be required for decisions of the Knesset plenary at every stage of law-making, except a debate on a motion for the Knesset agenda. In this section, "variation" means both an express and an implicit variation.

Israel - Basic Law: Judicature

(Adopted: 28 Feb 1984 / Status: 28 Feb 1984)

Chapter One Basic Provisions

Section 1 Judicial power

(a) Judicial power is vested in the following courts:

(1) the Supreme Court;

(2) a District Court;

(3) a Magistrate's Court;

(4) another court designated by Law as a court.

In this Law, "judge" means a judge of a court as aforesaid.

(b) Judicial power is vested also in the following:

(1) a religious court;

(2) any other court:

(3) another authority all as prescribed by Law.

(c) No court or court shall be established for a particular case.

Section 2 Independence

A person vested with judicial power shall not, in judicial matters, be subject to any authority but that of the Law.

Section 3 Publicity of proceedings

A court shall sit in public unless otherwise provided by Law or unless the court otherwise directs under Law.

Israel - Basic Law: Judicature - Chapter Two Judges

Section 4 Appointment of judges

(a) A judge shall be appointed by the President of the State upon election by a Judges' Election Committee.

(b) The Committee shall consist of nine members, namely, the President of the Supreme Court, two other judges of the Supreme Court elected by the body of judges thereof, the Minister of Justice and another Minister designated by the Government, two members of the Knesset elected by the Knesset and two representatives of the Chamber of Advocates elected by the National Council of the Chamber. The Minister of Justice shall be the chairman of the Committee.

(c) The Committee may act even if the number of its members has decreased, so long as it is not less than seven.

Section 5 Nationality

Only an Israeli national shall be appointed judge.

Section 6 Declaration of allegiance

A person appointed judge shall make a declaration of allegiance before the President of the State. The declaration shall be as follows: "I pledge myself to be in allegiance to the State of Israel and to its laws, to dispense justice fairly, not to pervert the law and to show no favour.".

Section 7 Period of tenure

The tenure of a judge shall begin upon his declaration of allegiance and shall end only -

(1) upon his retirement on pension; or

(2) upon his resignation; or

(3) upon his being elected or appointed to one of the positions the holders of which are debarred from being candidates for the Knesset; or

(4) upon a decision of the Judges' Election Committee prepared by the chairman of the Committee or the President of the Supreme Court and passed by a majority of at least seven members; or

(5) upon a decision of the Court of Discipline.

Section 8 Retired judge

A judge who has retired on pension may be appointed to the position of a judge for such time, in such manner and on such conditions as may be prescribed by Law.

Section 9 Restriction on re-posting

(a) A judge shall not be permanently transferred from the locality where he is serving to a court in another locality save with the consent of the President of the Supreme Court or pursuant to a decision of the Court of Discipline.

(b) A judge shall not without his consent be appointed to an acting position at a lower court.

Section 10 Salary and benefits

(a) The salaries of judges and other payments to be made to them during or after their period of tenure or to their survivors after their death shall be prescribed by Law or by a decision of the Knesset or of a Knesset committee empowered by the Knesset in that behalf.

(b) No decision shall be passed reducing the salaries of judges only.

Section 11 Judge not to engage in additional occupation, etc

A judge shall not engage in an additional occupation, and shall not carry out any public function save with the consent of the President of the Supreme Court and the Minister of Justice.

Section 12 Criminal proceedings

(a) No criminal investigation shall be opened against a judge save with the consent of the Attorney-General, and no information shall be filed against a judge save by the Attorney-General.

(b) A criminal charge against a judge shall not be tried save before a District Court consisting of three judges unless the judge has consented that the charge be tried in the ordinary manner.

(c) The provisions of this section shall not apply to categories of offences designated by Law.

Section 13 Disciplinary proceedings

(a) A judge shall be subject to the jurisdiction of a Court of Discipline.

(b) A Court of Discipline shall consist of judges and judges retired on pension appointed by the President of the Supreme Court.

(c) Provisions as to the grounds for instituting disciplinary proceedings, the modes of filing complaints, the composition of the bench, the powers of the Court of Discipline and the disciplinary measures it shall be authorised to impose shall be prescribed by Law. The rules of procedure shall be in accordance with Law.

Section 14 Suspension

Where a complaint or information is filed against a judge, the President of the Supreme Court may suspend him from office for such period as he may prescribe.

Israel - Basic Law: Judicature - Chapter Four Miscellaneous Provisions

Section 22 Law not to be affected by emergency regulations

This Law cannot be varied, suspended, or made subject to conditions by emergency regulations.

Section 23 Provisions to be prescribed by Law

Provisions as to the following matters shall be prescribed by Law:

(1) the manner of electing, and duration of the tenure of, the members of the Judges' Election Committee;

(2) qualifications for the posts of judges of the various grades;

(3) the manner of appointing the President of the Supreme Court, the Deputy President of the Supreme Court and the President and Vice-president of a District Court and a Magistrate's Court;

(4) the conditions and procedures for terminating the tenure of a judge;

(5) the manner of appointing a judge to an acting assignment at another court and of transferring a judge, temporarily or permanently, from the locality where he is serving to a court in another locality;

(6) proceedings for the suspension of a judge from office, and review of the suspension;

(7) the matters which the courts of the different grades are to hear by a single judge or by three or more judges;

(8) the manner of designating the judge or judges who is or are to hear a particular matter.

Section 24 Provisions to be prescribed under Law

Provisions as to the following matters shall be prescribed under Law:

(1) rules as to the administration of the courts, the making thereof and responsibility for their implementing;

(2) the rules of procedure of the Judges 'Election Committee;

(3) procedure for the resignation of a judge;

(4) procedure for the appointment and the powers of the registrar of a court;

(5) the number of judges who are to serve in the courts of the different grades and location.

Israel - Basic Law: Israel Lands

(Adopted: 19 July 1960 / Status: 19 July 1960)

Section 1 Prohibition of transfer of ownership

The ownership of Israel lands, being the lands in Israel of the State, the Development Authority or the Keren Kayemet Le-Israel, shall not be transferred either by sale or in any other manner.

Section 2 Permission by Law

The Section 1 shall not apply to classes of lands and classes of transactions determined for that purpose by Law.

Section 3 Definition

In this Law, "lands" means land, houses, buildings and anything permanently fixed to land.

Israel - Agreement on the Gaza Strip and Jericho Area

(Adopted: 4 May 1994 / Valid: 1 Jan 1995 / Status: 1 Jan 1995)

Section 1 Purpose of the Law

The purpose of this law is to ensure compliance with the undertaking of the Palestine Liberation Organization (hereinafter "the PLO") concerning the restriction on the activity of the Palestinian Authority to the areas of Gaza and Jericho in accordance with the Agreement and to prevent activity of a political or governmental nature or other similar activity within the area of the State of Israel which does not accord with respect for the sovereignty of the State of Israel by the Palestinian Authority or the PLO, without the agreement of the State of Israel.

Section 2 Definitions

"meeting" - includes a march, assembly or congress;

"the Agreement" - the Agreement on the Gaza Strip and the Jericho Area signed at Cairo between the State of Israel and the Palestine Liberation Organization on 4 May, 1994;

"the Palestinian Authority" and "the areas of Gaza and Jericho" - as defined in the Emergency Regulations (Judea and Samaria and the Gaza Strip - Jurisdiction over Offences and Legal Assistance) 1967;

"Representative Mission" - includes any institution, office or branch.

Section 3 Restriction on Palestinian Authority

(a) The Palestinian Authority shall not open or operate a representative mission, and shall not hold a meeting, in the area of the State of Israel unless written permission for this has been given by the State of Israel or by someone authorized by it to do so;

(b) The Minister of Police may, by means of an order, prohibit the opening or operation of a representative mission of the Palestinian Authority, order its closure, or prevent the holding of a meeting, if permission has not been obtained in accordance with sub-paragraph (a).

(c) Orders referred to in sub-paragraph (b) shall be served, insofar as possible, on the owner of the premises, or the occupier, or the organizers, or whoever it seems to the Minister of Police is responsible for the activity which is the subject of the order; Where it is not possible to serve the order as aforesaid, the Minister of Police shall give instructions for its publication in a manner which he shall establish; A notice concerning the giving of the order shall be published in the Official Gazette.

Section 4 Restriction on activity of the PLO

(a) The Government may, by means of an order, prohibit the opening or the operation of a representative mission of the PLO, order its closure, or prevent the holding of a meeting on behalf of the PLO or under its auspices within the area of the State of Israel.

(b) The provisions of paragraph 3(c) above shall apply, with the necessary changes, to an order referred to in sub-paragraph (a) above.

Section 5 Duration of order

The duration of a closure order issued pursuant to paragraphs 3 or 4 shall not exceed 6 months and may be extended from time to time for an additional period which shall not exceed 6 months at any one time.

Section 6 Ancillary authorities

For the purpose of executing orders pursuant to paragraphs 3 or 4, the Israel Police shall have all the authorities given to it by any law, including the authority to enter into any place, to remove from there any person, to close the place, to disperse any meeting, and to take any action necessary to ensure the execution of the order and to use reasonable force for this purpose.

For the purpose of this paragraph, "the Palestinian Authority" includes any person acting on its behalf or under its auspices or using its name.

Section 7 Restriction on licensing

Where an order has been issued pursuant to paragraph 3 or 4, prohibiting the opening of or operation of a representative mission, the license required for such activity shall not be granted under any law.

Section 8 Validity and entry into force

(a) This Law shall enter into force on 1 January 1995.

(b) This law shall continue in force for the period of the continuance in force of the Emergency Regulations (Judea and Samaria and the Gaza Strip - Jurisdiction over Offences and Legal Assistance) 1967, as extended by the Law implementing the Agreement on the Gaza Strip and the Jericho Area (Judicial Powers and Miscellaneous Provisions) (Legislative Amendments) 1994.

Israel - Basic Law: The State Economy

(Adopted: 21 July 1975 / Status: 21 March 1983)

Section 1 Taxes, compulsory loans, and fees

(a) Taxes, compulsory loans and other compulsory payment shall not be imposed, and their amounts shall not be varied, save by or under Law; the same shall apply with regard to fees.

(b) Where the amounts of any taxes, compulsory loans or other compulsory payments, or fees, payable to the Treasury are not prescribed in the Law itself and the Law does not provide that the amounts prescribed therefor by regulations shall require approval by the Knesset or by a committee of the Knesset, the amounts prescribed therefor by regulations shall require approval - in advance or within the period prescribed by the Law - by a decision of the Knesset or of a committee of the Knesset empowered by it in that behalf.

Section 2 State property

Transactions in State property and the acquisition of rights and assumption of liabilities on behalf of the State shall be effected by a person empowered in that behalf by or under Law.

Section 3 The State Budget

(a) (1) The State Budget shall be prescribed by Law.

(2) The Budget shall be for one year and shall set out the expected and planned expenditure of the Government.

(b) (1) The Government shall lay the Budget Bill on the table of the Knesset at the time prescribed by the Knesset or by a committee of the Knesset empowered by it in that behalf but not later than sixty days before the beginning of the financial year.

(2) The Budget Bill shall be detailed.

(3) The detailed Budget Bill of the Ministry of Defence shall not be laid on the table of the Knesset but on the table of a joint committee of the Finance Committee and the Foreign Affairs and Security Committee of the Knesset.

(4) The Budget Bill shall be accompanied by an estimate of the sources for financing the Budget.

(c) In case of necessity, the Government may bring in an Additional Budget Bill during the financial year.

(d) Where it appears to the Government that the Budget Law will not be adopted before the beginning of the financial year, it may bring in an Interim Budget Bill.

(e) The Minister of Finance shall submit to the Knesset every year a report on the implementation of the State Budget. Particulars shall be prescribed by Law.

Section 3b Failure to adopt the Budget Law

(a) should the Budget fail to be adopted before the beginning of the fiscal year, the Government will be permitted to spend, on a monthly basis the amount equalling one twelfth of the budget of the previous year, with the addition of linkage according to the consumer price index, published by the Central Bureau of Statistics.

(b) Moneys according to Subsection (a) will be initially designated for the discharging of legal obligations, contracts and treaties; the remainder will be used by the Government exclusively for the operation of essential services and the activities included in the previous Budget Law.

(c) This section may only be amended by a majority of the Knesset members.

Section 4 Currency notes and coins

The printing of legal tender currency notes and the minting of legal tender coins, and the issue thereof, shall be done under Law.

Section 5 Inspection

The State economy shall be subject to the inspection of the State Comptroller. Particulars shall be prescribed by Law.

Israel - Basic Law: The Army

(Adopted: 31 March 1976 / Status: 31 March 1976)

Section 1 Defence Army of Israel

The Defence Army of Israel is the army of the State.

Section 2 Subordination to civil authority

(a) The Army is subject to the authority of the Government.

(b) The Minister in charge of the Army on behalf of the Government is the Minister of Defence.

Section 3 Chief of the General Staff

(a) The supreme command level in the Army is the Chief of the General Staff.

(b) The Chief of the General Staff is subject to the authority of the Government and subordinate to the Minister of Defence.

(c) The Chief of the General Staff shall be appointed by the Government upon the recommendation of the Minister of Defence.

Section 4 Duty to serve and recruitment

The duty of serving in the Army and recruitment for the Army shall be as prescribed by or by virtue of Law.

Section 5 Instructions and orders in the Army

The power to issue instructions and orders binding in the Army shall be prescribed by or by virtue of Law.

Section 6 Other armed forces

No armed force other than the Defence Army of Israel shall be established or maintained except under Law.

Israel - Basic Law: Jerusalem, Capital of Israel

(Adopted: 30 July 1980 / Status: 30 July 1980)

Section 1 Jerusalem, Capital of Israel

Jerusalem, complete and united, is the capital of Israel.

Section 2 Seat of the President, the Knesset, the Government

and the Supreme Court

Jerusalem is the seat of the President of the State, the Knesset, the Government and the Supreme Court.

Section 3 Protection of Holy Places

The Holy Places shall be protected from desecration and any other violation and from anything likely to violate the freedom of access of the members of the different religions to the places sacred to them or their feelings towards those places.

Section 4 Development of Jerusalem

(a) The Government shall provide for the development and prosperity of Jerusalem and the well-being of its inhabitants by allocating special funds, including a special annual grant to the Municipality of Jerusalem (Capital City Grant) with the approval of the Finance Committee of the Knesset.

(b) Jerusalem shall be given special priority in the activities of the authorities of the State so as to further its development in economic and other matters.

(c) The Government shall set up a special body or special bodies for the implementation of this section.

Israel - Basic Law: The State Comptroller

(Adopted: / Status:)

Section 1 Essence

The State Audit shall be implemented by the State Comptroller.

Section 2 State Audit

(a) The Comptroller will audit the economy, the property, the finances, the obligations and the administration of the State, of Government Ministries, of all enterprises, institutions, or corporations of the State, of Local Authorities, and of bodies or other institutions which were defined by law as subject to audit by the State Comptroller.

(b) The State Comptroller shall inspect the legality, integrity, managerial norms, efficiency and economy of the audited bodies, as well as any other matter which he deems necessary.

Section 3 Duty to provide information

A body subject to State Audit will upon request, immediately provide the State Comptroller with information, documents, explanations, or any other material which the Comptroller deems necessary for audit purposes.

Section 4 Comptroller as Commissioner for Complaints

The State Comptroller will investigate complaints from the public about bodies and persons, as provided by law: in this capacity the State Comptroller shall bear the title 'Commissioner for Complaints from the Public'.

Section 5 Additional tasks

The State Comptroller shall undertake additional tasks as provided by law.

Section 6 Accountability to the Knesset

In carrying out his functions, the State Comptroller shall be accountable only to the Knesset and not to the Cabinet.

Section 7 Election, Term

(a) The State Comptroller shall be chosen by the Knesset in a secret ballot; the exact arrangements shall be set by law.

(b) The term of office of the State Comptroller shall be five years.

Section 8 Qualifications

Any Israeli citizen, residing in Israel, shall be eligible to serve as State Comptroller; any additional qualifications may be determined by law; a person who has served two consecutive terms as State Comptroller may not be a candidate for election to a third consecutive term.

Section 9 Pledge of allegiance

The State Comptroller-elect shall make and sign before the Knesset the following declaration: 'I pledge allegiance to the State of Israel and to its laws, and will faithfully carry out my duties as State Comptroller'.

Section 10 Budget

The budget of the State Comptroller's Office shall be determined by the Appropriations Committee of the Knesset, upon the recommendation of the State Comptroller, and will be published together with the State Budget.

Section 11 Salary and emoluments

The salary of the State Comptroller and other payments made to him during his term of office or subsequently, or to his survivors upon his demise, shall be determined by law or by a Knesset Resolution or by a duly authorized committee of the Knesset.

Section 12 Contact with Knesset and issuance of reports

(a) The State Comptroller shall maintain contact with the Knesset, as determined by law.

(b) The State Comptroller shall issue reports and opinions within the scope of his duties and shall publish them, subject to any restrictions determined by law.

Section 13 Removal from office

The State Comptroller shall not be removed from office except by a two-thirds majority of those Knesset members voting; arrangements for impeachment shall be determined by law.

Section 14 Acting Comptroller If the State Comptroller is not

able to fulfill his functions, an acting Comptroller shall be appointed, in a manner and for a period as determined by law.

Israel - Basic Law: Freedom of Occupation 1992

(Adopted: 3 March 1992 / Status: 3 March 1992)

Section 1 Freedom of occupation

Every Israel national or resident has the right to engage in any occupation, profession or trade; there shall be no limitation on this right except by a Law enacted for a proper purpose and on grounds of the general welfare.

Section 2 Reasons for licensing

Where a license is required to engage in an occupation, the right to a license shall not be denied except by virtue of a Law and for reasons of state security, public policy, public peace and health, safety, environment or public morals.

Section 3 Application

All governmental authorities are bound to respect the freedom of occupation of all Israel nationals and residents.

Section 4 Stability

This Basic Law cannot be varied, suspended or made subject to conditions by emergency regulations.

Section 5 Entrenchment

This Basic Law shall not be varied except by a Basic Law passed by a majority of tile members of the Knesset.

Section 6 Provisional measure

The provisions of any enactment in force prior to the commencement of this Basic Law which are inconsistent with its provisions shall remain in effect no longer than two years from the date of commencement of this Basic Law; however, such provisions shall be construed in the spirit of the provisions of this Basic Law.

Israel - Basic Law: Freedom of Occupation 1994

(Adopted: 9 March 1994 / Status: 9 March 1994)

Section 1 Basic principles

Basic human rights in Israel are based on the recognition of the value of the human being, and the sanctity of his life and his freedom, and these will be respected in the spirit of the principles of the Declaration of Independence of the State of Israel (5718-1948).

Section 2 Purpose

The purpose of this Basic Law is to uphold the freedom of occupation, in order to anchor the values of the State of Israel as a Jewish and democratic state in a Basic Law.

Section 3 Freedom of occupation

Every Israel national or resident has the right to engage in any occupation, profession or trade.

Section 4 Violation of freedom

There shall be no violation of the freedom of occupation except by a law that accords with the values of the State of Israel, enacted for a proper purpose and to an extent no greater than required, or by such a law enacted with explicit authorization therein.

Section 5 Application

All governmental authorities are bound to respect the freedom of occupation of all Israel nationals and residents.

Section 6 Stability

This Basic Law cannot be varied, suspended or made subject to conditions by emergency regulations.

Section 7 Entrenchment

This Basic Law shall not be varied except by a Basic Law passed by a majority of the members of the Knesset.

Section 8 Validity of exceptional laws

The provisions of any law which are inconsistent with the freedom of occupation shall remain in effect, even if it does not conform with Section 4, if it is included in a law adopted by a majority of the Knesset with the explicit comment that it is valid despite the provisions of this Basic Law; such a law shall remain in effect for four years from the date of its commencement, unless an earlier date is fixed.

Section 9 Repeal

The Basic Law: Freedom of Occupation (5752 - 1992) is hereby repealed.

Section 10 Provisional measure

The provisions of any enactment in force prior to the commencement of this Basic Law or the Basic Law repealed in Section 9, [which are inconsistent with its provisions] shall remain in effect no longer than two years from the date of commencement of this Basic Law, unless repealed sooner; however, such provisions shall be construed in the spirit of the provisions of this Basic Law.

Israel - Basic Law: Human Dignity and Liberty

(Adopted: 17 March 1992 / Status: 9 March 1994)

Section 1 Basic Principles

Basic human rights in Israel are based on the recognition of the value of the human being, and the sanctity of his life and his freedom, and these will be respected in the spirit of the principles of the Declaration of Independence of the State of Israel.

Section 1a Purpose

The purpose of this Basic Law is to protect human dignity and liberty, in order to anchor in a Basic Law tile values of the State of Israel as a Jewish and democratic state.

Section 2 Preservation of life, body and dignity

There shall be no violation of the life, body or dignity of any person as such.

Section 3 Protection of property

There shall be no violation of the property of a person.

Section 4 Protection of life, body, and dignity

All persons are entitled to protection of their life, body, and dignity.

Section 5 Personal liberty

There shall be no deprivation or restriction of the liberty of a person by imprisonment, arrest, extradition or by any other manner.

Section 6 Leaving and entering Israel

(a) All persons are free to leave Israel.

(b) Every Israel national has the right of entry into Israel from abroad.

Section 7 Privacy

(a) All persons have the right to privacy and to intimacy.

(b) There shall be no entry into the private premises of a person who has not consented thereto.

(c) No search shall be conducted on the private premises or body of a person, nor in the body or belongings of a person.

(d) There shall be no violation of the secrecy of the spoken utterances, writings or records of a person.

Section 8 Violation of rights

There shall be no violation of rights under this Basic Law except by a Law fitting the values of the State of Israel, designed for a proper purpose, and to an extent no greater than required or by such a law enacted with explicit authorization therein.

Section 9 Reservation regarding security forces

There shall be no restriction of rights under this Basic Law held by persons serving in the Israel Defence Forces, the Israel Police, the Prisons Service and other security organizations of the State, nor shall such rights be subject to conditions, except by virtue of a Law and to an extent no greater than required by the nature and character of the service.

Section 10 Validity of laws

This Basic Law shall not affect the validity of any law (din) in force prior to the commencement of the Basic Law.

Section 11 Application

All governmental authorities are bound to respect the rights under this Basic Law.

Section 12 Stability

This Basic Law cannot be varied, suspended or made subject to conditions by emergency regulations; notwithstanding, when a state of emergency exists, by virtue of a declaration under Section 9 of the Law and Administration Ordinance, 5708-1948, emergency regulations may be enacted by virtue of said section to deny or restrict rights under this Basic Law, provided the denial or restriction shall be for a proper purpose and for a period and extent no greater than required.

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