Fighting Corruption with Locus Standi in Israels Supreme Court The Movement for Quality Government in Israel

1. Fighting Corruption with Locus Standi in Israel's�Supreme Court The Movement for Quality Government in Israel December 2009

2. The Movement for Quality Government in Israel MQG is an independent and non-partisan NGO. Founded in 1990, MQG is one of Israel's largest grassroots organizations with over 20,000 members and supporters. Over the years, MQG has established itself as the foremost independent public watchdog organization in Israel and as a leading public petitioner to the Israeli Supreme Court, enjoying unprecedented legal success.

3. The Movement for Quality Government in Israel MQG�s Ultimate Goal: Better Government for the Citizens of Israel Achieved by: Improving Israel�s governance culture. Strengthening democratic values. Fighting corruption. Protecting the rule of law and proper governance.

4. MQG�s activity is divided into three main fields:

5. The department acts as watchdog for Israel�s Democracy by petitioning to the Supreme Court of Justice.

7. Acts as Watchdog of the state�s budget from improper squandering of public funds.

8. A Closer Look at MQG�s Economic Activity The Israeli Investment Centre (IIC) Monitoring Project- 330 million NIS in reclaiming grants given by the state, from companies that failed to comply with authorization conditions. Monitoring the appropriation of the assets and benefits of Holocaust survivors and their heirs Legislating for public access to a full disclosure of elected officials' and candidates� private interests Confronting annual funding of 170 million NIS to ultra orthodox religious schools with no legal authorization.

10. Mobilizing volunteers and municipal inspection teams. Demonstrations and protest events. House events.

12. The Academy for Quality Government in Israel The AQG was founded as an educational institute in 2001 by The Movement for Quality Government in Israel. The AQG is an independent non-profit organization aimed at developing a social climate based on Democratic values and the creation of a discourse of good governance and standards of ethical public service in Israel.

13. The Academy for Quality Government in Israel The AQG is developing educational programs and empowering tools to achieve its mission for a better democratic and ethical Israeli society. The AQG's ongoing activities are: Educational Programs for Quality Governance and Active Citizenship. Ethics and Quality Governance Programs in the Municipalities, Civil Service and the Business Sector. Leadership and Governance in the Civil Sector, along professionalism combines with normative and ethical standards.

14. The Israeli Judicial System- General Overview Judicial authority in Israel is vested in courts and tribunals. The courts have general judicial authority in criminal, civil and administrative matters, while the tribunals, including religious, labor, and military tribunals, have specific authority over certain matters. The judiciary, among other things, acts as Israel�s watchdog over the rule of law and protection of rights. In this capacity, courts review actions of the executive and sometimes the legislature for legality, sometimes barring legislation or action.

15. In the absence of a written constitution or bill of rights, the judicial branch must uphold the supremacy of Basic Laws whose status is undefined, and it must balance its powers against those of the Knesset where neither is quite sure where its responsibilities end and the others' begin. The Israeli Judicial System- General Overview

16. Israel�s Supreme Court The Supreme Court is uniquely prominent in Israel's legal and political life. It functions both as the highest appellate court, hearing criminal and civil appeals from the district courts as well as functions the High Court of Justice (HCJ). As HCJ, the Supreme Court is both the first and last address for complaints about the legality of decisions of State authorities. This function is unique to the Israeli system.

17. Israel�s Supreme Court-Locus Standi The Supreme Court may refuse to hear a petition against a certain act of government if the petitioner is not harmed by the act. That is, the court may demand that a petitioner show sufficient personal interest in the act or that the act is personally relevant to him or her and affects his or her life, as a condition to the court�s hearing the petition. When this demand is satisfied it is said that the petitioner has the right of standing or �locus standi".

18. Israel�s Supreme Court-Locus Standi This tool enables the Court to refrain from hearing cases that are politically and ideologically contested rather than directly harmful to some. The Judiciary does not require that a petitioner show locus standi before the Supreme Court can hear his or her complaint, but over the early years of the state the Supreme Court has established these rules of standing by precedent, expanding them gradually over the years.

19. The Supreme Court- Locus Standi The Movement for Quality Government in Israel took a central part in this revolutionary process as one of the most active and successful public petitioners.

20. Exercising the Locus Standi to Fight Corruption Selected Petitions to the HCJ Submitted by MQG

21. Exposing Political Pacts- MQG's First Petition This petition aimed to publicize the coalition agreements, which constitute the base from which a government in Israel is formed, in order to prevent the application of improper agreements. Following the petition, the court ordered to publicize the agreements and set important guidelines regarding the public's right to know, and regarding the duty of trust of those in authority, from which spring their duties of decency and disclosure.

22. Bringing about the Dismissal of Arie Deri From his Ministerial Office A series of petitions were submitted, one opposing the Israeli government's decision to appoint Arie Deri as a minister despite the Attorney General's rulings in his matter, and the other opposing his remaining in office, after being brought to charges for bribery, breach of trust, etc. The court's decision, that in these circumstances the PM is to dismiss Deri from his ministerial position has set a more proper standard of behavior and integrity norms required from public service executives. These decisions have also set significant guidelines concerning the discretional factors of carrying out authority and regarding authority turning into duty, when the duty of trust owed to the public by public officers justifies it.

23. Debiting Persons in Local Authorities for Illegal Money Spent In its petitions MQG strived to cause the minister of interior affairs and the district supervisors in the ministry to act upon their authority and debit persons in local authorities out of their own pocket, due to their illegal financial expenditures which damaged the public purse. In the heart of its petitions, MQG called to set a proper regulation for applying this authority of the minister and district supervisors- an authority that had yet to be applied up until then despite it's being one of the ministry of interior affairs' most vital monitory authorities over the local authorities.

24. Debiting Persons in Local Authorities for Illegal Money Spent In its response to the petition, the ministry accepted MQG's position regarding the need to establish from now on a proper regulation for applying the authority to debit persons in local authorities out of their own purse, when illegally causing illegal expenditures. Among other things, the regulation that was set as a result of MQG's petition refers to personally debiting those in local authorities that are found responsible for frequent faults within local authorities. These faults include granting benefits to cronies, political publications funded by the local authority, salary discrepancies, canceling debts for cronies etc. The court declared that the regulation is to be in effect starting from Feb. 2001.

25. Defending Whistleblowers MQG claimed in its petition that those responsible for the series of harassments directed against whistleblowers cannot continue to serve in prominent positions in a governmental company. In a precedential ruling a norm was set according to which when a manager in the public service, like Mr. Yaakov Atrakchi, CEO of The Governmental Company for the Development of Lod and Ramleh, is confronted with heavy administrational evidence pointing to his severe harassment towards a whistleblower, he is disobeying his duties as a manager and should be impeached. In the Supreme Court's fundamental and concise ruling, a manager was impeached due to his harassing a whistleblower for the first time in Israel.

26. Following Israel's Waive of 130 Million NIS Given to Israel Corp. by Mistake The state approved a tender to build a power plant and supply electricity for a group held by Israel Corp., despite the fact that a 130 million NIS worth error had taken place in the approval announcement, resulting in transferring these sums to the winner straight from the public purse. MQG demanded in its petition that either the approval announcement should be annulled or the mistake corrected, as there is no reason to unjustifiably bestow a financial benefit coming from the public purse, upon a private body. Following the state's announcement in its response to the Supreme Court of Justice that it would correct the error and that no sums of money will be transferred based on this error, MQG withdrew its petition.