The Knesset has begun voting to approve a controversial bill proposal to amend the committee responsible for electing Israel’s judges.
The bill is expected to pass on Thursday morning. The votes came after the opposition attempted a parliamentary “hail mary.” At approximately 5:00 a.m., the opposition removed all of its speakers in order to immediately begin voting. The move was an attempt to surprise the coalition and catch it unprepared, as initially voting was only scheduled to begin at approximately 9:00 a.m.
The move failed, however, as Justice Minister Yariv Levin and Knesset Constitution Committee chairman MK Simcha Rothman drew out their closing speeches in order to enable all of the coalition’s MKs to make it to the plenum.
The bill is a watered-down version of one of the central components of the government’s 2023 judicial reforms.
The Judicial Selection Committee’s makeup since 1953 has included nine members – three High Court judges, two ministers, two members of Knesset (traditionally one coalition and one opposition), and two representatives of the Israel Bar Association (IBA). According to the new proposal, which will apply beginning with the next Knesset, the two IBA members will be replaced by two “public representatives”, one appointed by the coalition and the other by the opposition. The public representatives must have the qualifications to be appointed as a High Court judge.
In addition, according to the proposal, the majority necessary for High Court appointments will revert back to 5-4 instead of the current 7-2. However, every High Court appointment will require the agreement of at least one representative from the opposition and one from the coalition (or their respective public representatives). Appointments to all other judicial brackets will require approval of one member of the coalition, one from the opposition, and one of the judges.
The proposal also includes a mechanism to prevent a deadlock in High Court appointments. If a year passes with at least two vacancies, the coalition and opposition will each propose three candidates, out of which the other side must choose one (along with the judges). The justice minister may only use this “deadlock mechanism” once per Knesset term. Finally, at least two thirds of the judges on the High Court must previously have been Regional Court judges.
‘Compromise’ between Yariv Levin and Gideon Sa’ar
A draft of the current version was first presented on January 9 as a “compromise” between Justice Minister Yariv Levin and Foreign Minister Gideon Sa’ar, and earned the support of two bereaved fathers, former minister Yizhar Shai and former Fire and Rescue Service head Dedi Simchi. Shai has since reneged on his support of the bill.
Proponents of the bill argued that it was a worthy compromise, since it did not give the coalition total power over judicial appointments, and will only apply in the next Knesset.
However, its detractors, including the opposition, the Attorney-General’s Office, and a wide array of civil society organizations, argued that increasing political involvement in the judicial selection process will negatively affect the court’s independence, as judicial appointments will become part of political negotiations.
The bill is set to become law exactly two years after the initial version stalled, following a warning by then-Defense Minister Yoav Gallant that the schism over the bill was harming national security. Netanyahu promptly fired Gallant, which ignited mass protests in what became known as “the Night of Gallant”.
Jesus Christ is King
Comments are closed.