Legislation of a proposal made by Foreign Minister Gideon Sa’ar and Justice Minister Yariv Levin to alter the makeup of the committee responsible for appointing Israel’s judges will begin in the Knesset Constitution Committee at 9:00 a.m. on Tuesday morning, committee chairman MK Simcha Rothman (Religious Zionist Party) announced on Wednesday.
Sa’ar and Levin first announced the proposal on Thursday, pitching it as a “historic compromise.” Changing the makeup of the committee, known as the Judicial Selection Committee, was a central part of the controversial judicial reforms that led to widespread social unrest in 2023.
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 (IBA). The initial proposal would have given the governing coalition a majority in the committee, thus giving it the power to appoint judges on all levels as it saw fit. 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.
Why the change?
According to the Levin-Sa’ar 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 Levin-Sa’ar proposal 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.
The initial bill was approved for its second and third reading in March 2023, but was frozen after mass protests broke out in the wake of former Defense Minister Yoav Gallant’s warning that the reform’s passage would harm national security.
Rather than begin the legislative process anew, the coalition decided to resume where the previous bill left off. The legislative process is thus expected to be relatively quick.
Opposing the expedition
The Movement for Quality Government in Israel published a position paper on Wednesday to oppose the expedited process.
“Such a change is in complete contrast to the customary and accepted procedures for advancing bills, and should be carried out in an orderly legislative process and not fast-tracked using the legislative progress of an existing bill. Beyond that, regime changes of this magnitude should only be made within the framework of establishing a constitution for the State of Israel, with broad agreement and with adequate representation for all," MQG wrote.
In a lecture at Tel Aviv University on Tuesday, former Attorney General Avichai Mandelblit severely criticized the proposal, calling it "rotten" and "irresponsible," as it will lead to political appointments of judges to the high court,
The crux of the proposal, according to Mandelblit, is the removal of the veto power of the three judges on the committee. This will lead to politically affiliated judges and thus damage the court's independence and impartiality.
Sa'ar and Levin pitched the proposal as "evolutionary and not revolutionary," but according to Mandelblit, the proposal was indeed revolutionary, as it would "change the DNA" of the court.
Mandelblit added that the proposal could negatively affect Israel's war effort. If the court is perceived as less independent, Israel will lose the power to argue that its judiciary can independently investigate alleged violations of international law in Gaza. This could lead to further deterioration in Israel's international status and negatively affect ongoing cases in both the ICJ and ICC, he said.
On a separate but related issue, Levin is required by a High Court decree to convene the judicial selection committee by the end of the day on Thursday in order to appoint a permanent Chief Justice. As of Wednesday afternoon, Levin had yet to announce that the committee would convene.
The Knesset plenum on Wednesday was also expected to pass into law a controversial bill known as the “Rabbi’s Law.” The bill would give the government the power to fund new positions in municipal religious councils for rabbis or other religious officials.
Proponents of the bill, led by its author, Shas MK Erez Malul, argued that its goal is to improve religious services to municipalities or authorities in which they are lacking.
The bill’s detractors – from the opposition and civil organizations – argued that its real purpose is to enable Shas to award lucrative jobs to dozens of party members.