Minister of Justice Yariv Levin and Minister of Foreign Affairs Gideon Sa’ar are promoting a new plan for change in the composition of the Judicial Selection Committee. Under the plan, the committee will comprise three members of the governing coalition (ministers and members of Knesset), 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 one by the opposition. The lawyers will have to have at least ten years experience in court litigation, and they will not be allowed to appear in court while sitting on the committee. Levin and Sa’ar said that the initiative followed talks they held with former minister of Justice Yizhar Shai and General (res.) Dedy Simhi.
The plan calls for appointments to be made only with broad consent: a majority of five of the committee members will be required for appointing judges at all levels. For the lower courts, the majority will have to include at least one member of the coalition, a member of the opposition, and one judge. Representatives of the Supreme Court on the committee will not be able to impose a veto on the selection of a judge when a duly formed majority is in favor.
The appointment of a judge to the Supreme Court will require 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 has majority support on the committee.
In the event that there are two vacancies on the Supreme Court and a year has passed without an appointment, the representatives of the coalition and opposition will each present three candidates from which the other side (together with the judges on the committee) will choose one.
The convention whereby the representatives of the Knesset on the committee are one from the coalition and one from the opposition will be anchored in law.
The coalition intends to promote an amendment to the existing bill on the composition of the Judicial Selection Committee that has passed first reading, and to bring the plan to a vote by the end of February. The new law will come into force starting from the next Knesset.
Levin and Sa’ar also presented principles for a Basic Law: Legislation:
A bill for a Basic Law: Legislation will be introduced that, among other things, will regulate the legislation and force of the basic laws that in effect form Israel’s constitution.
Basic laws will deal only with certain defined matters: the identity of the state as the nation state of the Jewish people and its democratic character; human rights; and the workings of government.
The procedure for passing, amending or repealing basic laws will be different from the procedure for ordinary laws, and will ensure that a basic law cannot be passed opportunistically or because of coalition requirements.
There will be no judicial review of basic laws other than of basic laws that infringe the principle of equality in elections, which can be struck down by a majority of three-quarters of the judges of the Supreme Court.
Judicial review of other primary legislation will be solely by the Supreme Court. A majority of at least half the judges of the Supreme Court will be required to strike down a law. For this purpose, the panel will consist of at least nine judges.
A basic law will be enacted turning the rights of citizens in criminal proceedings into constitutional rights.
A statement on behalf of the Judicial Branch said, “It should be made clear that the Judicial Branch heard about the proposal by Deputy Prime Minister and Minister of Justice Levin and chairman of the New Hope party and Minister of Foreign Affairs Gideon Sa’ar from the media, at the same time as a discussion currently taking place in the Judicial Selection Committee. For obvious reasons, the Judicial Branch cannot issue any comment on the matter.”
Minister of National Security Itamar Ben-Gvir said, “The plan isn’t perfect, but it’s possible to live with it. Reform by broad consent is the right compromise, even when it is not perfect, and so I support the plan, and the change is welcome. I congratulate my friends, minsters Yariv Levin and Gideon Sa’ar, for reaching agreement.”
Leader of the Opposition Yair Lapid said, “We shall respond to Yariv Levin as soon as he complies with the order of the court and appoints a president of the Supreme Court by January 16.”
Democrats Party leader Yair Golan said, “The will be no discussion or consent by the Democrats on any proposal until all the regime coup legislation is halted, including the attempt to take over the media and the Israel Bar Association, the removal of the Attorney General, subordinating the Department of Internal Police Investigations to the minister of justice, and so on.”
Published by Globes, Israel business news – en.globes.co.il – on January 9, 2025.
