Abstract
This paper deals with the question whether there is anything Israel can learn from other countries that contend with omnibudget legislation such as its Economic Arrangements Law. The paper is divided into three sections. The first describes the history of the EAL, and efforts to deal with its worst abuses such as its length, the diversity of subjects contained in it, many of which have no direct relation to the budget or economic reforms program which the law is supposed to support, the expedited procedures with which it is dealt, which prevent the Knesset from fulfilling its scrutinizing role of government legislation. The second deals with omnibus and omnibudget laws in other countries, and how each has (or has not) tried to cope with them. The third section deals with the various measures that can be taken to deal with such legislation, based on the experience of other countries. The main conclusion is that countries where such legislation exists, find it impossible to get rid of it altogether and permanently, but that if there is political will some of its worst abuses can be modified.
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Notes
- 1.
For a detailed analysis of the history of the Economic Arrangements Law, see Rolef (2006).
- 2.
Dodek (2017), p. 6.
- 3.
Rolef. op. cit. pp. 18–19.
- 4.
See, for example, MK Haim Oron (Meretz) in the meeting of the Knesset House Committee on July 6, 2004.
- 5.
Rolef. op. cit. p. 13.
- 6.
Ibid. pp. 14–15.
- 7.
Meeting of the House Committee held on December 5, 2006.
- 8.
Yehezkel and Yinon (2009), pp. 13–15.
- 9.
Thanks to Yinon, who provided a copy of the letter.
- 10.
Zerahia (2005).
- 11.
HCJ 4885/03, articles, 26–29.
- 12.
This was done within the framework of measures to reduce the price of housing for first time house owners.
- 13.
For a legal discussion of this issue see Daniel (2017).
- 14.
See Appendix 6 in Rolef (2006).
- 15.
Mazuz (2008).
- 16.
Ben-Bassat and Dahan (2008).
- 17.
They usually quote my 2005 document on this.
- 18.
Dodek (2017), p. 9.
- 19.
Ibid.
- 20.
See speech delivered by MP Stephen Harper during the Second Reading of the Bill on March 25, 1994. Canada, House of Commons Debates, Official record, First Session, 35th Parliament, Vol. III, 1994, p. 2775.
- 21.
Massicotte (2013), pp. 16–17.
- 22.
Franks (2010).
- 23.
Massicotte op. cit.
- 24.
Bosc and Gagnon (2017).
- 25.
- 26.
Wherry (2016).
- 27.
Wherry (2017).
- 28.
Massicotte op. cit. p. 26.
- 29.
Standing Senate Committee on National Finance, “Report on the Budget Implementation Act, 2009”, June 2009, pp. 42–43.
- 30.
Dodek (2017), pp. 33–37.
- 31.
- 32.
Reconciliation Bills are designed to reconcile, where necessary, spending, revenue and debt limits in existing legislation to those appearing in the Budget Resolution passed by Congress after the budget proposal is presented to Congress. The purpose of the reconciliation process is to allow Congress to use an expedited procedure in both congressional Houses in the course of preparing and passing the required legislation. [Lynch and Saturno (2017)].
- 33.
Curry (2015).
- 34.
Kaplan (2018).
- 35.
See Dodek (2017).
- 36.
Heniff (2016).
- 37.
Linde (1976).
- 38.
Rose-Ackerman et al. (2016).
- 39.
Sinclaire (2017), deals extensively with this subject.
- 40.
Most of the information on the Single Subject Rule is taken from Gilbert (2006).
- 41.
Commonwealth v. Barnett, 199 Pa. 161 (1901), quoted in Massicotte (2013), p. 15.
- 42.
Kaminski and Hart (2012).
- 43.
Luce (1922), pp. 549–550.
- 44.
Email from Dr. Seth Barrett Tillman, dated September 3, 2018.
- 45.
Gilbert (2006), p. 811.
- 46.
Luce, op. cit.
- 47.
Drayton (1933), p. 2664.
- 48.
- 49.
New Zealand Parliamentary Debates (1887).
- 50.
Unless otherwise stated all the information about New Zealand originates in McGee (2007).
- 51.
McGee (2017). Chapter 26, footnote 456.
- 52.
- 53.
See Cabinet Office circular CO (17) 5: Statues Amendment Bill for 2018.
- 54.
Portfolio bills are bills that emanate from a single ministry, but include a variety of subject that are either not related or only loosely related to each other.
- 55.
Department of the Prime Minister and Cabinet (2017).
- 56.
SBS Radio, “Senate sits into night to pass omnibus bill”. September 10, 2016 and Budget Savings (Omnibus) Bill 2016, Bills Digest no. 7, 2016–2017.
- 57.
The two documents are produced in full in the report.
- 58.
The original section about Belgium was based on an extensive correspondence with the Legal Advisor of the Belgian House of Representatives at the time, Mr. Marc Van der Hulst, and a visit to the lower house of the Belgian parliament on April 12, 2005.
- 59.
Unless otherwise stated, the section on Italy is based on Pisauro (2003).
- 60.
Pisauro (2003), and information from Mr. Riccardo Ercoli of the Economic Planning and Budget Committee in the Italian Senate on June 17, 2005.
- 61.
Altalex (2008).
- 62.
Cottone (2009). Il Sole 24 Ore.
- 63.
Many thanks to Prof. Giuseppe Pisauro for a brief description of the current situation in an email dated July 8, 2018.
- 64.
La Pergola (1994).
- 65.
Most of section up to 2005 is based on del Campo (1997). and on information received from the director Research and Documentation Department in the Senate, Mr. Fernando Santaolalla López, and the director of the Research and Documentation Department in the Congress, Mrs. Maria Rosa Ripolles Serrano. Most of the post-2005 material was generously recommended by Prof. Daniel Oliver-Latana.
- 66.
The Cinco Dias news website, article No. 20040910, September 10, 2004.
- 67.
Emails from Mr. Fernando Santaolalla López, past Director of the Research and Documentation Department in the Spanish Senate, received on January 31and April 28, 2005.
- 68.
Email from Ms. Sylvia Marti Sanchez from Congress of Deputies, received on July 28, 2009.
- 69.
Email received from Member of the Congress of Deputies of the Popular Party, Jaime Garcia Legaz on July 20, 2009.
- 70.
For an article on the 2017 law see Europa Press, December 31, 2016.
- 71.
The constitutional ruling was No 136/2011, given on September 13, 2011.
- 72.
- 73.
Thanks to Professor Daniel Oliver-Lalana for sending several relevant articles, especially Enériz Olaechea (2014).
- 74.
Oliver-Lalana (2019).
- 75.
Comment by Professor Suzie Navot in reaction to the paper submitted by Professor Danel Oliver-Lalana, at the Bar-Ilan Workshop, on January 3, 2019.
- 76.
Most of the information about Austria was provided in 2005 by Dr. Günther Schefbeck, who was head of the Documentation Department in the Austrian Nationalrat.
- 77.
The information on the Maltese Budget Measures Implementation Act was received from the Maltese Ministry of Finance, and emailed to me by Dr. Steffi Borg from the Legislation Unit at the Maltese Attorney General’s Office on October 25, 2018.
- 78.
The Budget Measures Implementation Act for 2018 may be seen at: https://parlament.mt/media/93630/act-vii-budget-measures-implementation-act.pdf.
- 79.
The budget Speech of the Maltese Minister of Finance for 2018 in English may be seen at https://mfin.gov.mt/en/The-Budget/Documents/The_Budget_2018/Budget_speech_English_2018.pdf.
- 80.
For a fuller description of the Roman law see Luce (1922), pp. 548–549.
- 81.
Chile does not have the single subject rule as such, but prohibits riders that are not directly related to the subject of a bill. Email from Prof. Eduardo Alemán, dated April 10, 2020.
- 82.
In the case it was dealing with, the Court did not find that there had been any infringement of the proper legislative process.
- 83.
See Rose-Ackerman et al. (2015).
- 84.
(H) – Hebrew.
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Rolef, S.H. (2021). Israel’s Economic Arrangements Law and Similar Omnibudget Laws in Other Countries. In: Bar-Siman-Tov, I. (eds) Comparative Multidisciplinary Perspectives on Omnibus Legislation. Legisprudence Library, vol 8. Springer, Cham. https://doi.org/10.1007/978-3-030-72748-2_7
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