Levin, Sa’ar present judicial overhaul compromise

Justice Minister Yariv Levin and Foreign Minister Gideon Saar are promoting a new plan to change the composition of the Judicial Selection Committee. Under the plan, the committee will consist of three members of the ruling coalition (ministers and Knesset members), a member of the opposition, three judges, and two lawyers.

This composition is the same as the current one, except that instead of the two lawyers being representatives of the Israel Bar Association, one will be chosen by the coalition and the other by the opposition. Lawyers must have at least ten years of experience in lawsuits, and will not be allowed to appear in court while on the committee. Levin and Sa’ar said that the initiative came in the wake of talks he held with former Justice Minister Izhar Shai and General (res.) Dedi Samhi.

The plan calls for appointments to be made only with broad approval: a majority of five members of the committee is required to appoint judges at all levels. For lower courts, the majority must include at least one member of the coalition, one member of the opposition, and one judge. Supreme Court representatives on the committee will not be able to impose a veto on the selection of a judge when a duly constituted majority is in favour.

Appointing a judge to the Supreme Court requires the support of at least one member of the coalition and one member of the opposition. This means that both the coalition and the opposition will have the power to veto an appointment to the Supreme Court, even if it enjoys majority support on the committee.

In the event that there are two vacancies on the Supreme Court and one year has passed without an appointment, representatives of the coalition and the opposition each shall nominate three candidates from whom the other side (along with the judges of the committee) shall choose one of them. .

The agreement under which the Knesset representatives on the committee will be one from the coalition and one from the opposition will be enshrined in law.

The coalition intends to promote an amendment to the current draft law regarding the formation of the Judicial Selection Committee, which passed the first reading, and put the plan to a vote by the end of February. The new law will enter into force starting from the next session of the Knesset.

Levin and Sa’ar also presented the principles of basic law: legislation:

• Draft bill for a basic law: Legislation will be introduced that would, among other things, regulate the enactment and enforcement of the basic laws that actually constitute the Constitution of Israel.
• The Basic Laws would deal only with certain specific issues: the identity of the state as the nation-state of the Jewish people and its democratic character. human rights; And government work.
• The procedures for passing, amending, or repealing Basic Laws will be different from those of regular laws, and will ensure that the Basic Law cannot be passed opportunistically or due to coalition requirements.
• There will be no judicial review of basic laws except for basic laws that violate the principle of equality of elections, which can be invalidated by a three-quarters majority of the Supreme Court justices.
• Judicial review of other primary legislation will be by the Supreme Court alone. A majority of at least half of the Supreme Court’s justices would be required to strike down the law. For this purpose, the committee will consist of at least nine judges.
• A basic law will be enacted that transforms citizens’ rights in criminal proceedings into constitutional rights.

A statement on behalf of the judiciary said: “It must be made clear that the judiciary heard the proposal of the Deputy Prime Minister and Minister of Justice Levin, the head of the New Hope Party and Foreign Minister Gideon Sa’ar from the media, in conjunction with a discussion currently taking place in the Judicial Selection Committee, and for clear reasons the judiciary cannot Issuing any comment on the matter.

National Security Minister Itamar Ben Gvir said: “The plan is not perfect, but it is possible to live with it. Reform with broad approval is the right compromise, even when it is not perfect, so I support the plan, and change is welcome. I congratulate my friends, Ministers Yariv Levin and Gideon.” “Saar, to reach an agreement.”

Opposition leader Yair Lapid said: “We will respond to Yariv Levin as soon as he complies with the court order and appoints a chief justice of the Supreme Court by January 16.”

Democratic Party leader Yair Golan said: “There will be no discussion or approval by the Democrats of any proposal until all legislation related to the regime coup is stopped, including the attempt to seize the media and the Israeli Bar Association, and the dismissal of the Attorney General.” The Internal Investigation Department is subordinate to the Minister of Justice, and so on.”

Published by Globes, Israel Business News – en.globes.co.il – on January 9, 2025.

© Copyright Globes Publisher Itonut (1983) Ltd., 2025.