The Knesset Constitution Committee, led by MK Simcha Rothman (Religious Zionist Party), approved a bill on Wednesday that was associated with the government’s controversial judicial reforms to alter the makeup of the committee that elects all of Israel’s judges.
The bill now needs to pass final voting in the Knesset plenum, after which it will become law. The coalition intends to pass it into law prior to the Passover recess that begins on April 2.
National Unity chairman MK Benny Gantz attended the discussion leading up to the vote and said, "There was a strategic reason why [Hamas leader Yahya] Sinwar chose to do what he did; there was division in Israeli society which he identified as a point of weakness, like a modern Amalek.
"And here we are, a year and a half later, giving the same gift back. Instead of uniting, we are returning to division. Unfortunately, we are back, big time, to October 6th. On central and essential issues, you cannot proceed with political force. For unity to exist, there is a responsibility on the rulers and the government to restrain themselves and not save themselves. What we see in this process is not self-restraint but the exploitation of power. This is not majority rule but majority tyranny," Gantz said.
Rothman said during the discussion, "One of the major problems is that the agreements in this house are not the final word. All of us here in the Knesset will reach a conclusion on how we see the constitutional arrangements, and the next day, the Supreme Court or the Attorney General will throw a new wrench into the discourse. This proposal, among other things, is intended to address that. This is your responsibility no less than ours."
Democrats MK Gilad Kariv was thrown out of the discussion after wearing a sweater with the logo of the reservists’ protest group against the judicial reform, “Brothers in Arms.” Kariv, who served as the previous Constitution Committee chairman, said that Rothman had “disgraced” the chair he was sitting upon.
The Judicial Selection Committee’s makeup since Israel’s foundation 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, the two IBA members will be replaced by two lawyers, one appointed by the coalition and the other by the opposition.
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. Appointments to all other judicial brackets will require the 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). Finally, the law will only apply beginning with the next Knesset.
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.
Lapid comments following approval
Opposition leader MK Yair Lapid said following the approval, "Let it be clear: the wording of the law passed today in the Constitution Committee to change the composition of the committee for selecting judges is not a compromise, not a correction, and was not done through dialogue. This is the most extreme, violent, and flawed version possible.”
Lapid continued, “This law says only one thing—the judges will be in the politicians' pocket. The politicians will appoint them, control them, and ensure they do as they are told.”
“We will stop this. In the first week of the next government, this violent and extortionate law will be repealed!" Lapid said.
