Passed on first reading: Gov't will select judges

Government ministers in Knesset during votes on legal system changes  credit: Noam Moskowitz, Knesset Spokesperson's Office
Government ministers in Knesset during votes on legal system changes credit: Noam Moskowitz, Knesset Spokesperson's Office

The amendment to the Basic Law: The Judiciary gives the ruling coalition a built-in majority on the judicial selection committee.

The Knesset has given a first reading to the amendments to the Basic Law: The Judiciary that are part of the reform of the judicial system being promoted by Minister of Justice Yariv Levin. The effect of the amendments is that the government will control the judicial selection committee, and the High Court of Justice will not be able to strike down laws designated as basic laws.

63 members of Knesset voted in favor of the amendments at first reading and 47 voted against. The Yisrael Beitenu party boycotted the vote. Prime Minister Benjamin Netanyahu welcomed the amendments to the law, saying it was "a great day."

Speaking in advance of the vote, Levin said, "Particularly tonight, when we are passing this law at first reading, I give an undertaking to every citizen of Israel that I will never cease from making every effort to reach dialogue and understandings," but in the same breath he added, "Nothing will deter me from doing the right thing, from carrying out a deep and necessary reform of the legal system, without delay and without fudging."

Tens of thousands of people attended a demonstration outside the Knesset yesterday afternoon to protest against the legislation. 

The organizers of the campaign against the Levin’s measures said in a statement: "We are at the darkest point since the founding of the state. When 37 representatives of the people signed the Declaration of Independence that defined the character of the state, they never imagined for a moment that the Knesset would try to trample underfoot every value enshrined in it.

"We accuse Benjamin Netanyahu and the band of hate and fear that surrounds him of a deliberate attempt to bring about the destruction of the Third Temple and to strike at the heart of Israeli democracy.

"In the coming days and weeks we will intensify the protest actions, and without fear all of us together will protect a Jewish and democratic Israel."

The amendments were passed after seven stormy hours that began with the members of the Yesh Atid party wrapping themselves in the national flag and being sent out of the Knesset chamber, and continued with a decision by the Speaker of the Knesset Amir Ohana to forbid members to bring bags and briefcases into the chamber, and demonstrators protesting from the visitors’ gallery, banging on windows, and shouting "Shame"; they were forcibly ejected.

How will the judicial selection committee be composed?

Under the amendments passed last night at first reading, the judicial selection committee will have nine members. Five of them will be from the coalition: three ministers, and two Knesset members of whom one will be the chairperson of the Constitution, Law and Justice Committee. Three judges will sit on the committee: the president of the Supreme Court and two former judges to be chosen by the minister of justice with the approval of the president of the Supreme Court. There will also be one member of Knesset from the opposition. In other words, seven seats on the committee will be controlled by the governing coalition. No special majority will be required to appoint a judge.

At present, the judicial selection committee is not controlled by the coalition. It has nine members: two ministers and two members of Knesset, of whom by tradition one is from the opposition; three sitting Supreme Court judges; and two representatives of the Israel Bar Association. To be appointed, a candidate for the judiciary must receive seven votes. An appointment therefore requires broad agreement on the committee.

Published by Globes, Israel business news - en.globes.co.il - on February 21, 2023.

© Copyright of Globes Publisher Itonut (1983) Ltd., 2023.

Government ministers in Knesset during votes on legal system changes  credit: Noam Moskowitz, Knesset Spokesperson's Office
Government ministers in Knesset during votes on legal system changes credit: Noam Moskowitz, Knesset Spokesperson's Office
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