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Mazuz warns against amending Citizenship Law By Tomer Zarchin Attorney General Menachem Mazuz warned at the weekend that a draft amendment to the Basic Law on Human Dignity and Freedom to be brought before the cabinet for approval today - if there are no last-minute changes - would bring Israel under heavy international criticism. The amendment, proposed by Justice Minister Daniel Friedmann, would bar the Citizenship and Entry into Israel Law, or any law that supersedes it, from High Court of Justice review. Advertisement If approved, Friedmann's proposal, which was coordinated with Interior Minister Meir Sheetrit, would end the legal battle against the Citizenship Law that bars Palestinians married to Israeli citizens - but not other non-Israeli spouses - from entering the country or obtaining legal status. The Labor Party demanded the bill's removal from the agenda for today's cabinet meeting, arguing that the Labor-Kadima coalition agreement requires that any change in a basic law be agreed on by all members of the coalition. The amendment comes as the High Court is discussing four petitions by social welfare organizations and MK Zehava Galon (Meretz) on the constitutionality of extending the duration of the Citizenship Law. The petitioners argue that the law seriously undermines the right to equality and family life, and thus violates the Basic Law on Human Dignity and Freedom. Mazuz noted in his comments on the bill that he had objected in discussions in Friedmann's bureau to publishing the memorandum on the bill, due to the diplomatic and public implications of doing so. Mazuz said he believed the Citizenship Law was indeed constitutional and had been properly legislated, and there was no legal reason to abrogate it. However, there was also no reason to amend the Basic Law on Human Dignity and Freedom at this point, he said. Mazuz said that any amendment that makes an exception to the application of human rights in a specific area goes too far, and should be avoided unless deemed essential. The attorney general also noted that the state's response to High Court petitions against the Citizenship and Entry into Israel Law on constitutional grounds was that the law is constitutional and proportional. Since there is no indication at this stage that the petitions will be accepted, "there is no practical need or justification to initiate an amendment to a Basic Law as proposed," he wrote. Mazuz warned that the amendment "could cause unnecessary damage to Israel, in light of the great criticism likely to arise from international human rights bodies." He also noted that the move could damage the state's position in the High Court, "since while we argue that the law is constitutional, a recommendation to amend a Basic Law constitutes a kind of 'confession' that the law is not constitutional." Mazuz concludes his comments on Friedmann's proposal by noting that if the High Court strikes down the Citizenship and Entry to Israel Law, the cabinet could consider amending the Basic Law. Friedmann attached to his bill last week the opinion of the legal advisor to the Justice Ministry, Moshe Dayan. The latter noted that the bill required further study and approval of the Ministerial Committee on Legislation and the Knesset, but that the amendment "raised serious legal and other questions, especially in light of certain limitations of the application of a very central Basic Law." Friedmann's present proposal came after the Labor Party rejected a broader draft amendment, removing barring judicial review of all laws relating to citizenship. Bookmark to del.icio.us   Wimbledon shocker Shahar Peer knocks out 9th-seed Safina to slide into the fourth round. Time to hit Iran Israel must destroy Iran's nuclear program within one year or risk being attacked.

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