The Incapacitation Law

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Preliminary reading

Preparation for the first reading

First reading

Second reading

Third reading

Status: Passed on March 23 ,2023

What this means: It is impossible to declare a prime minister incapacitated, except in case of physical or mental incapacity. The legal advisor to the government will not be able to declare incapacity, only the prime minister himself, or a majority of three quarters of the ministers, with the approval of 90 MKs. The High Court of Justice will be unable to discuss petitions related to incapacity.

The current situation: The current statutory provisions are unclear. The only time a prime minister was declared not to have the capacity to hold his office was due to the late Prime Minister Ariel Sharon’s health condition. As for incapacity in the context of criminal proceedings and conflicts of interest, this possibility came up on several occasions in case law.