Deputy leaders of Israel

The designated Acting Prime Minister (Hebrew: ממלא מקום ראש הממשלה‎, Memaleh Mekom Rosh HaMemshala lit. "Prime Minister's Place Holder", or "Prime Minister's stand-in") takes the role of Prime Minister as Acting Prime Minister, for up to 100 consecutive days, if the incumbent is temporarily incapacitated. Whilst in other countries the term "Acting Prime Minister" only refers to an individual actually performing the role, in Israel the term is also in use when a designated minister is allocated, even if they never actually perform the role. The incumbent minister must be also a Knesset member to be eligible for this role.

According to the Basic law: the Government, if such a position was not held by any of the incumbent ministers, in the event of the Prime Minister being unable to fulfill their duties temporarily, the cabinet would vote to appoint one of their own members, who is a Knesset member, as Acting Prime Minister for up to 100 consecutive days.

In the recently installed government of Benjamin Netanyahu, there is no designated Acting Prime Minister. Netanyahu appoints one of the Ministers from his party as Acting Prime Minister each time he is supposed to undergo a medical procedure under sedation[1] or visits other countries.[2][3]

There can be only one designated minister appointed to such position. However, the holder of this ministry position can hold other ministerial position, as the most recent designated Acting Prime Minister, Tzipi Livni, was also Minister of Foreign Affairs. Confusingly, the term is sometimes referred to as 'Vice Prime Minister',[4] though a separate and different Vice Prime Minister role already exists. If the Prime Minister is abroad, the designated minister summons the government to cabinet meetings; if there is no such designated minister, in such event, the government will vote for one.

If the Prime Minister wants to replace the designated Acting Prime Minister (usually given to one of the Ministers designated during the forming of the government according to coalition agreements and political needs at the time), he then needs the approval vote of the government and the Knesset. However, the Prime Minister may fire the designated Acting Prime Minister, as he is authorized to fire any minister in his Cabinet.

An Acting Prime Minister will be standing-in for the incumbent (not assume office), acting in the Prime Minister's office, temporarily, and if a designated minister was allocated in advance, automatically, all while the incumbent is in office. However, any Acting Prime Minister will not assume office, automatically (as Interim Prime Minister), after 100 consecutive days, when the Prime Minister, legally, is deemed to be permanently incapacitated, since the "100 consecutive days" was set by law as a limit, not a delegated authority, inasmuch limit for the incumbent to be temporarily incapacitated in office and a limit for the Acting Prime Minister to act in the Incumbent's office.

The aftermath of any event, where the incumbent becomes permanently incapacitated (either declared as such or the "100 consecutive days" limit expired or else), as well as in the event of the incumbent's death or the incumbent was convicted of an offence, are addressed by the law separately. In these cases, the Government that is "deemed to have resigned" to become an interim government, and with the absence of a Prime Minister in office, requires a cabinet vote on one of its members (either the Acting Prime Minister or else) who must be a knesset member and (from the 2001 law) a member of the Prime Minister's Party as well, to assume office as an Interim Prime Minister, until a new government is placed in power (the 1968 law did not impose time limit on a "temporarily incapacitation" period of the Incumbent Prime Minister, but rather pending the return of the incumbent to resume his duties, and separately addressed only the event of death of the incumbent, while failing to address Permanent incapacitation or criminal conviction of the Incumbent Prime Minister).

Ehud Olmert, after standing-in for Prime Minister Sharon for 100 consecutive days, as acting Prime Minister, did not automatically assume office as an Interim Prime Minister. The Government voted to appoint him, and in addition, he was also a member of Prime Minister's Party, which enabled them to appoint him to the role[5]

Practically, the use of this position started only 1984 during the 11th Knesset, with the first person to hold the position, Yitzhak Shamir, taking office on 13 September 1984. A Coalition deal between the Labour Alignment and Likud stipulated that Shimon Peres would be Prime Minister for the first two years of the Knesset term (out of four years), with Yitzhak Shamir serving as the designated Acting Prime Minister, and then swap places with Shamir for the next two. The major political parties, right-wing Likud party, then headed by Yitzhak Shamir, and Labour, then headed by Shimon Peres, did not gain enough seats in parliament, during the general election, to form a governing majority coalition, which enabled this coalition agreement to take place. The deal was continued into the 12th Knesset, but collapsed in 1990. The role of the designated Acting Prime Minister was limited and unattractive for any chairman of major party aspiring to get the top job.

The position was resurrected in 2003, with Ariel Sharon appointing Ehud Olmert to the post. As designated Acting Prime Minister, Olmert was called to take over the running of the government, following Sharon's stroke in the midst of elections season of early 2006, and continued his role as Acting Prime Minister, after the election were held, and after Sharon & Olmert's Party were designated to form the new government.[5][6] Days after the election, Sharon reached the 100 consecutive days of Incapacitation (making him legally permanently incapacitated), and then the pre-elections Interim government voted on Olmert to be the Interim Prime Minister, and he fully assumed office as an Interim Prime Minister, just days before forming his own new government, in the aftermath of the election, on 4 May 2006, to become the official Prime Minister. Tzipi Livni then was appointed to the post, in Olmert's Government.

Basic Law: the Government (2001):[7]

• 5. (d) One of the Ministers who is a member of Knesset may be designated as Acting Prime Minister.
• 16. (a) Should the Prime Minister be absent from Israel, meetings of the Government will be convened and conducted by the designated Acting Prime Minister.
• 16. (b) Should the Prime Minister be temporarily unable to discharge his duties, his place will be filled by the Acting Prime Minister. After the passage of 100 days upon which the Prime Minister does not resume his duties, the Prime Minister will be deemed permanently unable to exercise his office.
• 16. (c) Failing the appointment of a designated Acting Prime Minister, or should the Acting Prime Minister be prevented from fulfilling his duties under sections (a) and (b) above, the Government shall designate another Minister, who is a Knesset Member[8] to exercise that office.
• 20. (b) Should the Prime Minister be permanently incapacitated, the Government shall be deemed to have resigned on the 101st day [100th day midnight[5]] during which the Acting Prime Minister served in his place.
• 30. (c) If the Prime Minister has died, or is permanently incapacitated, from carrying out his duties, or if his tenure was ended because of an offense, the Government shall designate another of the Ministers who is a member of the Knesset and of the Prime Minister's faction to be Interim Prime Minister pending the constitution of the new Government.

List of designated Acting Prime Ministers

• A minister designated to act in the office of the Incumbent Prime Minister, should he temporarily become incapacitated

List of Acting Prime Ministers

• Acting in the Prime Ministers office (without assuming office), after the incumbent became temporarily incapacitated.

The interim prime minister (Hebrew: ראש הממשלה בפועל‎, Rosh HaMemshala Ba-foal lit. "prime minister de facto") is appointed by the government if the incumbent is dead or permanently incapacitated, or if his tenure was ended due to a criminal conviction.

Israeli law distinguishes the terms acting prime minister (מלא מקום ראש הממשלה), filling in for the incumbent prime minister, temporarily, and acting in the incumbent's office, while the incumbent is in office, and an interim prime minister in office. Only if the incumbent prime minister becomes temporarily incapacitated will the acting prime minister act in the incumbent's office and will be standing in for him for up to 100 consecutive days, while the incumbent is in office. Legally, the "100 consecutive days" limit, in the language of the law, only stipulates that the incumbent then is deemed to be permanently incapacitated and that the limited time for an acting prime minister to act in the incumbent's office is over.

The 1968 law (prior to the 1992 and 2001 basic laws of government) did not impose a time limit on a "temporarily incapacitation" period of the incumbent prime minister, but rather pending the return of the incumbent to resume his duties, and separately addressed only the event of death of the incumbent for appointing an interim prime minister, while failing to address Permanent incapacitation or criminal conviction of the incumbent prime minister.

Separately, the law of 2001 stipulates that in any event where the incumbent prime minister becomes permanently incapacitated (either declared as such or "100 consecutive days" limit expired or else), or if the incumbent died or ceased being prime minister due to a criminal conviction, the government that is "deemed to have resigned", to become an interim government, continues to govern until a new government is placed in power, and in the absence of a prime minister in office, they then must vote on one of their incumbent ministers (either the acting prime minister or else) to fully assume office as the interim Prime minister, if he or she meet the requirements.

While the acting prime minister must be a Knesset member to meet the requirements, the interim prime minister must be a member of the prime minister's party as well. Until the 2001 basic law: the government, both the acting and interim prime ministers were only required to be a Knesset member in addition to being a member of the Government. However, before and after the 2001 law, an interim prime minister would not be appointed unless the government would be voting on one of their members (either the acting prime minister or else) to be the interim prime minister until a new government is placed in power.

In 2006, Ehud Olmert, after standing in for Prime Minister Sharon for 100 consecutive days, as acting prime minister, did not automatically assume office as an interim prime minister. The government voted to appoint him, and in addition, he was also a member of prime minister's party, which enabled them to appoint him to the role.[5]

An interim prime minister does not have to form a majority coalition in the Knesset, in order to get their approval vote (as a prime minister is required to do), and can assume office immediately, until a new government is placed in power.

Shimon Peres was the foreign minister when Prime Minister Yitzhak Rabin was assassinated, and was voted unanimously to assume office as an interim prime minister until a new Government would be placed in power (that he later formed by himself). Yigal Allon was also voted to be the interim prime minister after Prime Minister Levi Eshkol suddenly died and served until Golda Meir formed her government.

Both the interim and acting prime ministers' authorities are identical to those of a prime minister, with the exception of not having the authority to dissolve the Knesset.

There are other cases (all other), not pending the situation of the incumbent prime minister's ability to continue to serve, where the Government becomes an interim government, while the incumbent prime minister is in office. In these cases, the incumbent prime minister is commonly referred as an "interim" prime minister, as a reference to change of the legal status only of the government under him. However, legally he is the prime minister, and only the government under him is legally an interim government (see interim government below).

Basic Law: the Government (2001):[7]

• 30. (b) If the prime minister has died, or is permanently incapacitated, from carrying out his duties, or if his tenure was ended because of an offense, the Government shall designate another of the Ministers who is a member of the Knesset and of the prime minister's faction to be interim prime minister pending the constitution of the new Government.

An 'interim government' (Hebrew: ממשלת מעבר‎, Memshelet Ma'avar lit. "transitional government") is the same government, having been changed in their legal status, after the death, resignation, permanent incapacitation, or criminal conviction of the prime minister, as well as after the prime minister's request to dissolve the Knesset (Israeli parliament) was published through the president's decree, or after it was defeated by a motion of no confidence (these actions are regarded by the law as "the Government shall be deemed to have resigned"), or after election and before the forming of a new government (legally, "Newly elected Knesset" period), and in all the cases above, it continues to govern as an interim government, until a new government is placed in power, accordingly to the principle of "government continuity", in order to prevent a government void.

If the incumbent prime minister can no longer serve (died, permanent incapacitation or criminal conviction), when the government is "deemed to have resigned" to become an interim government, they appoint a different person from their own government to the role of an interim prime minister (either the acting prime minister or else) until a new government is placed in power. This is a legal reference both to the change of a prime minister in office and in same government, a change in their legal status.

In all other cases, when the government becomes an interim government, and the incumbent prime minister is able to continue to serve also until a new government is placed in power, the prime minister is commonly referred also as an "interim" prime minister, as a reference only to the change of the legal status of the same government under him. However, legally, he is the prime minister, and only the government under him is legally an interim government.

An incumbent prime minister running an interim government occurs either if the government is "deemed to have resigned" to become an interim government, but the incumbent is able to continue to serve also until a new government is placed in power; if the incumbent resigned, government was defeated in motion of no confidence, the prime minister's request to dissolve the Knesset was published through the president's decree; Or else, during the period of time after elections were held and before the forming of a new government, as defined by the law as the period of time of a "newly elected Knesset", and if they have not become one already, the elections will turn them into an interim government as well, as in the cases of the end of a full Knesset term (or after extension term), or after the Knesset has dissolved itself (but not until election day).

A resignation of the government or elections, consequentially, turning the Cabinet into an interim government (i.e. the interim Cabinet), legally requires to start the process of forming a new government, through the only single elected branch in the general elections, the Knesset, to have an approval "vote of confidence" of the majority on an official prime minister and the government he formed there. If elections were held, the process goes through the newly Knesset designated, but if it occurred during the four years term of the existing Knesset, the process will go back to the existing elected branch and will take place there, and only should that fail, as a result, the existing elected branch, the Knesset, will be "deemed" to have dissolved itself, and early elections will be held. In all cases above, the interim government will continue to govern until one of those processes is successful.

An official prime minister is or was always voted, along with the government he formed in the parliament, in an approval vote of confidence by the majority of this elected branch, the Knesset, with the expectation to serve, along with his government, until the end of the Knesset full term, either if he began serving after a newly elected Knesset or in the midst of the Knesset term, unless his government later became an "interim government", that is legally "deemed" to have lost that vote, and as opposed to an interim prime minister, appointed by such a government, and without the approval vote of the Knesset, to serve along only until a new government will be placed in power.

If the elected branch, the Knesset, decides on its own to dissolve itself, or is legally "deemed" to have dissolved itself separately, necessarily, leading to early elections, the cabinet is regarded not to have changed in their legal status. However, once elections were held, they automatically become an interim government.

An acting prime minister, standing in for the incumbent, while he is temporarily incapacitated, does not turn the government into an interim government (nor does the incumbent's temporary situation). However, if the incumbent became temporarily incapacitated, while already running an interim government, the acting Prime minister will be filling in for the incumbent as well.

The law does not impose any impediments on an interim government (except that in the past ministers were banned from resigning and today it has turned into a privilege, were they may resign and a successor may be appointed without the approval vote of the Knesset), but rather addresses the definition of government continuity for the purpose of preventing a government void situation. However, a Supreme Court ruling on the matter, that stipulated that such a government that does not enjoy the approval vote of the Knesset must act in "restraint in using its authorities, in all matters that do not bear any particular urgency or necessity to act upon them", has opened the door for legal controversies at times, as to what exactly does this legal determination mean.[11]

¹ Unless the government already been an interim government, in case the prime minister resigned, government was defeated in a motion of no confidence, or the prime minister's request to dissolve the Knesset was published through the President's decree, and only after this occurred, the prime minister became temporarily incapacitated (as was in Ehud Olmert's case, when Sharon's request to dissolve the Knesset was published through the President's decree, and only there after, did he become temporarily incapacitated[12]).

² Basic Law: the Government (2001); Section 30 on Government Continuity (addresses the continuity of the prime minister, after he has resigned his post and appointing an interim prime minister), Section 30 also addresses the following provisions; Criminal conviction of the prime minister – 18; Resignation of a prime minister – 19; Death or permanent Incapacitation of the prime minister – 20, A prime minister who ceased being a Knesset Member (Regarded as if he has resigned his post) – 21; Government defeated in Motion of no confidence – 28; Resignation of the Government after the prime minister's request to dissolve the Knesset have been published through the President's decree – 29, and defines the "Outgoing Government" according to these clauses (Whereas the Supreme Court referred to it as the "interim government",[11] as it is well known). Clause 30b also refers to the Outgoing Government during the times of "Newly elected Knesset" [parliament], hence, if the government's status had not been already an interim government during "Newly elected Knesset", according to the clauses above, then in the event of a "Newly elected Knesset" – in conjugation with the basic law: The Knesset, in the event of the end of the Knesset's full term (or after an extension term) or after the knesset has dissolved itself earlier (but not until election day) – the government then becomes an interim government as well.

³ Exceptions to the "outgoing government"; on one hand, according to the Basic law: the Government (2001), as opposed to past laws, Ministers may resign their post, and the government may appoint a successor without the approval of the Knesset. On the other hand, the Israeli Supreme Court ruled that "During this period of time, the Government is bound by restraint in using its authorities, regarding all matters that do not particularly bare necessity or urgency to act upon them during the interim period".,[11] and legal controversies erupt at times, over the meaning of this legal determination :

• Israeli Supreme Court – Judges can not be appointed during the period of time of an interim government.[13]
• Attorney General of Israel – An interim government may conduct diplomatic negotiations (unless the Israeli Supreme Court will rule otherwise), but this does not dismiss them from the duty to bring the agreement to the approval of the government and the Knesset (to vote on it).[13][14][15]

⁴ interim government – Hebrew Wikipedia (see same table there)

Basic Law: the Government (2001):[7]

• 5. (e) A Minister may be Deputy Prime Minister.

2, 3 & 4. ^ Died in office.