The legal system of the state of Israel

1. The legal systemof the state of Israel The Supreme Court By Ariel Bergner, Judge PetachTikva Trial Court, Israel

2. Israel is a Democracy Israel was founded in 1948 as a democracy. Democracy must live on the principle of separation of powers: 1. Legislative (parliament) 2. Executive (government) 3. Judicial (courts – Judges) When there is no separation – no true democracy.

3. The Judicial who is your judge??

4. Ester Hayut The President of the Supreme Court

5. The Judicial role Doing Justice? Or applying the law?

6. The Courts job is: To judge between a person to a person (civil law). To protect society from offenders who harm public peace and brake the law (criminal law). To protect the people from misconduct of the state (constitutional/administrative law).

7. The Supreme Court Court of appeal High Court of Justice The District Court Court of Appeal First Level Trial Court Administrative Matters Court Magistrate’s Court / Trial court Special topics Tribunals: Traffic Court Juvenile Court Local Matters court Family Court Small claims Court Separate Tribunals: Rabbinic Court Labour Court Military Court

8. The Supreme Court The highest judicial instance. Rules over the entire state. A ruling is a binding precedent, binding upon every court except itself.

9. The Judges Appointed by the President of the State after nominated by “the Judges Nomination Committee” composed by: 3 Supreme Court Judges (including the President). 2 Ministers (including the Minister of Justice - Chairman). 2 Parliament members. 2 representatives of the Israeli Bar Association. Representing the 3 State authorities: legislative, executive and judicial + The Bar. The Office is exclusive: upon nomination the Judge is not allowed for further occupation nor to any Public function.

10. The Independence of the Judiciary A Judge is Independent: Personally – the nomination procedure and conditions of service. Materially – subject only to the Law. Public confidence in the Judiciary.

11. Open Court proceedings Legal proceedings are held publicly – public trust Exceptions: State security cases (terrorism) Minor cases Sexual offences cases Family law

12. Representation before the Courts In Civil proceedings: the State = any person In Criminal cases: the State is the Prosecutor In both cases the State is represented by the Attorney General and State Attorneys. The Accused is represented by a defending Advocate chosen by himself or appointed by the Court. In Civil cases: both sides – by Advocates.

13. The trial Criminal cases: First hearing guilty Not guilty trial Convictionverdict verdict Arguments for punishment guilty Not guilty sentence

14. Civil cases: Pre-trial (1-4) Petitions/applications Trial: witnesses, evidence Preliminary proceedings Temporary remedies Written summaries Documents revealing attachment order Injunction order Judgment/verdict

15. The Appeal Judgement/verdict Other decision Right to Appeal in 45 days Request permission to Appeal in 30 days District Court Court of Appeal Right to Appeal in 45 days Request permission to Appeal in 30 days The Supreme Court

16. Case law system Israel has no written Constitution so it is the court role to clarifies the constitutional values and illuminates the State path. The court may be compared to a pilot at the helm of the ship of justice who navigates it through the storms of the time. The Israeli Judiciary is a tower of strength protecting democracy and human rights.