Israel

   

Vertical Accountability

#27
Key Findings
Israel falls into the bottom ranks internationally (rank 27) with regard to vertical accountability.

The registration process for candidates and parties is transparent and fair. In recent years, some Knesset members have tried to disqualify candidates from Arab minority parties, accusing them of supporting terrorism. While the Central Elections Committee has disqualified some Arab candidates, the Supreme Court has overturned these decisions.

All Israeli citizens have voting rights. Palestinians in East Jerusalem are deemed permanent residents, not citizens, and can vote only in municipal elections. Polarization between political parties has increased, limiting interparty collaboration. Recent elections have been administered without significant issues.

The current government has sought to weaken the judiciary and reduce checks and balances. Ultraorthodox coalition parties reject the supremacy of the rule of law and exclude women from political offices, while the coalition’s right-wing parties advocate for Jewish supremacy and discriminate against minorities. The Freedom of Information Act contains notable exceptions.

Elections

#27

To what extent is political competition among candidates and political parties free and fair?

10
 9

There are no barriers, by law or in practice, to effective political competition.
 8
 7
 6


Existing barriers, by law and in practice, pose no significant obstacles to effective political competition.
 5
 4
 3


Existing barriers, by law and in practice, pose some significant obstacles to effective political competition.
 2
 1

Existing barriers, by law and in practice, pose various significant obstacles to effective political competition.
Free and Fair Political Competition
8
The registration procedures for candidates and parties meet the transparency and fairness criteria. Any party can register with the registrar of political parties as long as the party has 100 or more supporters who are aged over 18 and are Israeli citizens. The registration fee is small (ILS 2,400), which enables broad participation. De jure, there are several limitations; a party is not allowed to register if the party’s goals or activities reject the existence of the State of Israel as a Jewish, democratic state; incite racism; support the armed struggle of an enemy state or terrorist organization against the State of Israel; or hint at covering illegal activity (Party Registrar).
Before each election, each party submits its list of candidates to the Central Election Committee. Any citizen over the age of 21 can run for office unless a court disqualifies them for promoting racism or denying the right of Israel to exist as a Jewish and democratic state. Additionally, a citizen who has been convicted cannot run for office for seven years.
De facto, there have been very few cases of candidates or parties being disqualified from running. However, in the last couple of years, members of the Knesset have increasingly attempted to disqualify candidates from Arab minority parties, arguing that they support terror (Shani and Fuchs, 2022). Several cases have arisen in which the Central Elections Committee decided to disqualify Arab candidates, but these decisions were later overruled by the Supreme Court, which reviews Central Elections Committee decisions.
In the most recent coalition agreement, signed in December 2022, the parties agreed to amend the Basic Law: The Knesset clause that defines eligibility for running for office, eliminating racism as a disqualifying factor. To date, the government has not attempted to pass this amendment.
Each party must submit its financial records for inspection by the government comptroller, who publishes reports after every election detailing the violations of each party and the fines they need to pay. The parties are required to provide all information on donations and finances to the comptroller. Parties that violate the party finance law can be sanctioned by the comptroller. However, in many cases, these sanctions are not imposed (State Comptroller).

All parties enjoy free access to the media. However, some candidates often receive more attention than others. In recent elections, the extreme right-wing party leader Itamar Ben Gvir received significantly more media attention than other candidates. This was not due to discrimination but rather the media’s interest in extreme views and sensationalism.

In the last few election cycles, the media has focused more on personal issues than the policy positions of candidates. As a result, more policy-oriented parties have received little coverage.
The Israeli electoral system is a single-district proportional system. Therefore, there are no institutional limitations on political participation.
In the November 2022 elections, the Israeli Security Agency (Shin Bet) warned decision-makers about Iranian and Russian interference through social media. However, during the elections, there was no concrete evidence of such intervention (Shuker and Siboni, 2019).

Citations:
Registrar of Political Parties www.gov.il/en/departments/topics/the_registrar_of_political_parties/govil-landing-page
Shani, Yuval, and Amir Fuchs. 2022. “Disqualification of Knesset Lists and Candidates: Q&A.” The Israeli Democracy Institute. https://en.idi.org.il/articles/29669
Shuker, Pnina, and Gavbi Soiboni. 2019. “The Threat of Foreign Interference in the 2019 Elections in Israel and Ways of Handling it.” INSS 3 (1). www.inss.org.il/publication/the-threat-of-foreign-interference-in-the-2019-elections-in-israel-and-ways-of-handling-it

State Comptroller. “Elections financing – The role of auditing.” https://www.mevaker.gov.il/En/mimun/Pages/default.aspx

To what extent can all citizens, both in legal terms (de jure) and in practice (de facto), exercise their right to vote?

10
 9

There are no significant barriers, by law or in practice, that hinder citizens or specific groups in society from exercising their right to vote.
 8
 7
 6


Existing barriers, by law and in practice, pose no significant obstacles to voting.
 5
 4
 3


Existing barriers, by law and in practice, pose some significant obstacles to voting.
 2
 1

Existing barriers, by law and in practice, pose various significant obstacles that substantially hinder voting.
Free and Fair Elections
7
Voting rights are granted to all citizens, including felons, prisoners and newly arrived immigrants. No prior registration is required before voting and all citizens are eligible to vote. The elections are managed by the Central Election Committee, which is chaired by a judge, and operates as an independent body with its own budget and professional administration. The administration of recent elections, including those held during the COVID-19 pandemic, experienced no significant issues. Elections are conducted 90 days after the dissolution of the Knesset. While the schedule is usually followed, the 2023 elections for the local authorities were postponed from October 31, 2023, to February 27, 2024, due to the war with Hamas.
During the last elections in November 2022, there were 6,788,804 eligible voters and 12,495 polling stations. These included 222 polling stations in hospitals, 102 in embassies abroad, 55 in prisons, 5,121 accessible polling stations for people with various disabilities, 232 polling stations in care homes and 279 polling stations for people with COVID-19 (Central Election Committee). Public transport was free on election day to facilitate access to polling stations. Regular polling stations were open from 07:00 to 22:00, while polling stations in cities with fewer than 350 voters and those in hospitals were open from 08:00 to 20:00. Because polling stations were located in schools, water facilities and restrooms were available for voters. Voters who used special polling stations, such as those in hospitals or accessible stations, used a double envelope to prevent double voting.
During the 2022 elections, several complaints were made to the Central Election Committee regarding irregularities, such as attempts to vandalize voting ballots. These complaints were infrequent and resolved on site by the polling committee at each polling station.
However, in East Jerusalem, Palestinian residents are considered permanent residents of Israel rather than citizens, a status that grants them certain social rights and the right to vote in municipal elections but not in national elections. In “area C,” which is under the full control of Israel rather than the Palestinian Authority, Palestinians do not have the status of citizens and do not have any voting rights.

Citations:
Central Election Committee. Data on elections to the 25th Knesset. https://www.gov.il/he/Departments/Guides/knesset25-elections-info?chapterIndex=1

Central Election Committee. “Information.” https://www.bechirot.gov.il/home/

Quality of Parties and Candidates

#27

To what extent do parties articulate and aggregate all societal interests?

10
 9

There are no barriers, by law or in practice, to achieving effective societal integration.
 8
 7
 6


Existing obstacles in the party system, by law and in practice, pose no significant barriers to achieving effective societal integration.
 5
 4
 3


Existing obstacles in the party system, by law and in practice, pose some significant barriers to achieving effective societal integration.
 2
 1

Existing obstacles in the party system, by law and in practice, pose various significant barriers to achieving effective societal integration.
Socially Rooted Party System
5
The electoral system in Israel is proportional, allowing multiple parties representing various groups and interests to participate. In the last election, 49 parties and 40 lists appeared on the ballot. However, since 2014, the electoral threshold has been increased to 3.25%. As a result, parties now need to win at least five out of the 120 seats to enter the Knesset. This change limits the representation of many groups and forces parties to join lists to ensure their entry into the Knesset. It is well known that the intention behind raising the threshold was to prevent smaller, Arab parties from entering the Knesset. Notably, one of these parties, Balad, failed to surpass the threshold in the last election.

Israel’s traditional major parties have local branches, but their activities have been limited in recent years. Additionally, parties with primaries have reserved candidate slots for representatives of various minorities (women, immigrants, Arabs) and localities (Southern, Northern, Jerusalem and Kibutz districts). However, in most parties, representatives elected by a specific group or region compete in the general list. Therefore, their incentive to address the needs of their constituency is relatively low. The constituency link in the Israeli system is perceived to be relatively weak for the main parties, which lack an electoral incentive to promote their constituencies’ interests (Itzkovitch-Malka, 2021). This is not true for sectoral parties, which by definition represent specific groups, such as ultraorthodox Jews, immigrants and settlers. Nowadays, more mainstream parties also tend to lack effective internal democratic mechanisms (Shapira and Fridman 2019).

Not all parties publish manifestos (Manifesto Project). Currently, the parties in opposition have detailed manifestos representing the diverse concerns of their electorates. However, Likud, the formateur party, has not published a manifesto since 2013. This omission makes it difficult to judge Likud’s agenda and the extent to which it represents the interests of its voters. Ultraorthodox parties also do not publish manifestos, and their voters are guided by community leaders to vote for the party, regardless of the party’s agenda or achievements in government.

While it is challenging for voters to evaluate a party based on its pledges, it is safe to say that the sectoral parties that entered the coalition represent their constituencies through coalition agreements. These agreements outline the issues the parties consider most significant (Moury 2011). According to data from the Israeli Agenda Project (Cavari et al. 2022), coalition agreements contain numerous clauses on key issues, including education for ultraorthodox students, state and religious issues, and settlements in the West Bank – all of which are typically crucial to the parties forming the coalition.

The problem remains for the formateur party, Likud, which lacks a party manifesto or a coalition agreement. Likud’s 2022 election campaign focused on security and cost of living issues. However, the party subsequently made judicial reform the main issue on the government’s agenda. For example, the coalition agreement stated that judicial reform would be the first issue the government would address during its tenure. Notably, this is in spite of the fact that Most Important Problem surveys conducted before the elections did not find the issue to be among the most important issues for the public or Likud voters (INES, 2022). Consequently, despite the representative system and the variety of parties, it is unclear to what extent the major parties represent their voters.

Citations:
Israel National Election Studies (INES) https://socsci4.tau.ac.il/mu2/ines/
Cavari, Amnon, Maoz Rosenthal, and Ilan Shpaizman. 2022. “Introducing a New Dataset: The Israeli Political Agendas Project.” Israel Studies Review 37 (1): 1-30.
Moury, Chatherine. 2011. “Coalition Agreement and Party Mandate: How Coalition Agreements Constrain the Ministers.” Party Politics 17 (3): 385-404.
Manifesto Project Database https://manifesto-project.wzb.eu
Itzkovitch-Malka, Reut. 2021. “MPs’ Constituency Orientation in the Absence of Electoral Districts: The Case of Extreme Proportional Electoral Systems.” Parliamentary Affairs 74 (2): 421-442.
Shapira, Assaf, and Avital Fridman. 2019. The Intra-Party Democracy Index 2019 (in Hebrew). The Israel Democracy Institute. https://www.idi.org.il/articles/26503

To what extent do political parties retain their ability to enable cross-party cooperation in policymaking and implementation?

10
 9

There are no barriers, by law or in practice, to achieving effective cross-party cooperation.
 8
 7
 6


Existing obstacles in the party system, by law and in practice, pose no significant barriers to achieving effective cross-party cooperation.
 5
 4
 3


Existing obstacles in the party system, by law and in practice, pose some significant barriers to achieving effective cross-party cooperation.
 2
 1

Existing obstacles in the party system, by law and in practice, pose various significant barriers to achieving effective cross-party cooperation.
Effective Cross-Party Cooperation
4
The effective polarization between parties has increased over the last two governments, leading to a decline in inter-party collaboration. The opposition to the previous administration, the so-called Change Government (2021 – 2022), refused to cooperate on all issues, resulting in highly polarized Knesset votes. This trend persisted even when the proposed legislation came from opposition members in the preceding Knesset. Furthermore, upon assuming power, the current government eliminated most policy changes made by the earlier administration through coalition agreements. This rollback applied not only to ideologically contentious issues but also to non-partisan matters, such as transportation.

The present government shows little commitment to liberal democratic values, as evidenced by its attempts to overhaul judicial legislation, eliminate checks and balances between the three branches of government, and weaken the judiciary. According to the Chapel Hill Expert Survey, the formateur party, Likud, is extremely populist (Gidron 2023). Other parties in the coalition are likewise not committed to liberal democratic values, with some even explicitly opposing them.

The ultraorthodox parties are illiberal, rejecting the supremacy of the rule of law and not allowing women to run for office within the parties. The other two parties are extremely right-wing, advocate for Jewish supremacy and discriminate against minorities (Chapel Hill Expert Survey). This is also reflected in the coalition agreements, which state that the government will support a ban on discrimination against minorities in providing services.

The parties supporting liberal democracy are currently in opposition. During the attempt to reform the judiciary, opposition parties united against the government’s moves. However, since the beginning of the war with Hamas on October 7, opposition to the government has decreased. One opposition party has even entered the government, while the remaining opposition parties are ideologically distinct from one another, which makes it difficult for them to collaborate. As a result, the government’s anti-democratic activities face little organized opposition from elected politicians.

Citations:
Chapel Hill Expert Survey https://www.chesdata.eu/

Gidron, N. 2023. “Why Israeli Democracy Is in Crisis.” Journal of Democracy 34 (3): 33–45. https://doi.org/10.1353/jod.2023.a900431

Access to Official Information

#17

To what extent can citizens and residents access official information?

10
 9

There are no barriers, by law or in practice, for citizens seeking to access official information.
 8
 7
 6


Existing barriers, by law and in practice, pose no significant obstacles for citizens seeking to access official information.
 5
 4
 3


Existing barriers, by law and in practice, pose some significant obstacles for citizens seeking to access official information.
 2
 1

Existing barriers, by law and in practice, pose many/various significant obstacles for citizens seeking to access official information.
Transparent Government
7
The Freedom of Information Act, legislated in 1998, allows anyone to request information from any authority without having to explain the purpose of the request. Several exemptions to the law include issues related to security, privacy and difficulty in obtaining the information. When an authority declines a request, it must provide a written explanation. The authority has 30 days to respond to the request and can receive an additional 30-day extension. In practice, 50% of requests are answered in less than 14 days and another 30% within 30 days. A person whose request for information is declined can petition the courts. In 2022, 469 petitions were filed.
To receive information, a person should file a request and pay a fee. Some organizations, such as research institutions, are exempt from the fee. Each authority has a member of staff who is responsible for freedom of information. In addition, each authority must issue a detailed annual report of its activities. The Unit for Freedom of Information in the Ministry of Justice is responsible for enforcing the legislation. However, the unit includes only one director and two students, making it difficult to enforce the legislation across departments. In addition, the unit lacks the legal tools to enforce the provision of information.

Each authority has to submit an annual report of its activities. Only 70% of the authorities submitted a report in 2022. In 2022, there were 13,028 requests submitted. The respective authority provided full information to 50% of requests and partial information to 16% of requests, while 17% of requests were declined. The most common reasons for declining a request were violation of privacy (21% of requests), unavailability of the requested information (20%), another authority holding the information (15%) and lack of a legal requirement to provide the information (20%).
If the respective authority does not provide the information on time or provide an explanation for declining the request, a person can file a complaint with the Ministry of Justice. In 2022, there were 203 complaints, of which 116 were found to be justified (Ministry of Justice 2022).

Citations:
Ministry of Justice Freedom of Information Report. 2022. https://www.gov.il/BlobFolder/reports/annual_reports/he/freedom_of_information_accessiblegovernment.pdf
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