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ANALYSIS / Legal significance of options Barak offered Olmert By Ze'ev Segal, Haaretz Correspondent Tags: Ehud Barak, Israel  Defense Minister Ehud Barak yesterday struck at Prime Minister Ehud Olmert like a lightning bolt of limited power. Barak called on the prime minister to take one of four possible steps: suspension, leave of absence, resignation or declaration of incapacity. Not all of these steps have operative legal significance. Suspension: "Self-suspension" is not recognized by the relevant law, which is the Basic Law on the Government. The prime minister can announce a "self-suspension," but the moment he wants to take back his powers, there are no limitations on his doing so. The transfer of powers to his deputy, Foreign Minister Tzipi Livni, or another minister, is politically and publicly significant, but not legally so. Leave of absence: The prime minister can take a short or long leave of absence and retain his powers. Advertisement Temporary incapacity: If the prime minister declares that he is temporarily unable to carry out his duties, all his powers will be transferred to his deputy, Livni, for 100 days. He will be disconnected from the management of the daily affairs of state, which Barak spoke of yesterday. If Olmert declares himself temporarily incapacitated, he will retain his title, and he can retract his declaration at any time. However, on the 101st day of his declaration and the assumption of his duties by his deputy, the cabinet will be considered to have resigned, and the president will begin consultations to form a new government, with the deputy continuing to serve as prime minister during this time. Resignation: The resignation of the prime minister is considered that of the entire cabinet, but it does not necessarily bring about elections. The president, after consulting the parties, will charge with forming a government the MK most likely to cobble together a coalition of at least 61 lawmakers. Since the prime minister must be an MK, Barak cannot form the new government unless the Basic Law on the Government is changed (a change that requires a majority of 61 MKs). Barak, who presented Olmert with a number of possibilities, did not pledge to take a significant step if the prime minister does nothing. In any case, Barak should note that according to the Basic Law mandates, he bears full legal and public responsibility for any decision or failure of the prime minister. Olmert himself has said that he will resign only if he is indicted. His statement did not clarify whether he intends to do so if the attorney general announces he is considering an indictment, or only if the attorney general decides on an indictment after the prime minister has taken advantage of his right to a hearing. Under the likely assumption that the prime minister was referring to the second circumstance, it is hard to imagine he will resign during the next six months. A decision by the prime minister to declare incapacitation now can be made after the attorney general has clarified that a decision, one way or another, will be made within 100 days of "incapacity" in which Ehud Olmert will retain the title of prime minister. Related articles: Olmert to Kadima: Give me time to prove my innocence Sources: Money laundering the key charge in Olmert case The Ultimatum / With elections just around the corner, Barak takes charge Bookmark to del.icio.us   His Majesty's envoy Report: Bahraini king taps Jewish woman lawmaker as envoy to U.S. Light unto the nations After five months of suspense, the hoopoe is crowned Israel's state bird.   1.   In summary, another episode of undermining an Israeli leader... 06:00  |  Smadar 29/05/08

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