The coalition intends to pass into law by the end of February a new version of a bill to alter the makeup of the committee responsible for electing judges in Israel, a spokesperson for Justice Minister Yariv Levin confirmed on Sunday.
Altering the makeup of the committee, known as the Judicial Selection Committee, was a central part of Levin’s controversial judicial reforms. The 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. Levin argued that elected officials should have a majority on the committee and not the “professional” side of the committee, i.e., the judges and IBA members.
Levin’s 2023 proposal would have given the government a majority on the committee and, thus, the power to appoint judges as it saw fit. According to the new version of the law, which Levin announced alongside Foreign Minister Gideon Sa’ar in a video statement on Thursday, the only change in the committee’s makeup will be that two IBA members will be replaced by two lawyers, one appointed by the coalition and the other by the opposition.
What majority is enough?
The existing law says that for all judicial brackets other than the high court, a simple 5-4 majority is enough. However, high court appointments require a 7-2 majority. This provision, which was an amendment proposed by Sa’ar that passed in 2008, meant that both the three judges and the three members of the coalition had veto power over high court appointments.
According to the new version, the majority necessary for high court appointments will revert back to 5-4. 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 approval of one member of the coalition, one from the opposition, and one of the judges.
The new law also includes a mechanism to prevent a stalemate 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.
Levin and Sa’ar’s proposal also included two other laws, one a Basic Law to regulate the court’s authority to overrule legislation, and the other a Basic Law detailing the rights of defendants. However, these two laws will take longer to legislate, Levin’s spokesperson said,
The spokesperson added that the new version of the Judicial Selection Committee bill will come up already this week in the Knesset Constitution Committee. Rather than begin the legislative process from scratch, the coalition will amend the 2023 law proposal, which passed its preparation in the committee for its second and third reading.