Netanyahu rejects President’s judicial reform compromise

Prime Minister Benjamin Netanyahu has rejected the judicial reform compromise plan presented by President Isaac Herzog last night. Netanyahu said, “Unfortunately, the ideas presented by the president were not agreed upon by the coalition representatives. Key sections of the outline he presented only perpetuate the existing situation and do not bring the required balance between Israeli authorities.”

According to President Herzog’s plan, the coalition government would not have a majority on the committee selecting Supreme Court judges. The committee would have 11 members including three ministers, three Supreme Court judges including the president, 3 opposition MKs, 1 coalition MK and two lawyers appointed with the agreement of the Minister of Justice and President.

Also according to the President’s outline, the Supreme Court will not be able to annul basic laws, but there are rules on how to enact basic laws so that it will be difficult to enact them. For the first time, human dignity and freedom will be enshrined in the Basic Law, the right to equality and the prohibition against discrimination, the right to freedom of expression and demonstration. Reasonableness will not apply to matters of policy and appointments of ministers will not be disqualified because of reasonableness. Reasonableness will continue to apply to the rest of the state authorities and the opinion of the Attorney General will bind the government, but an opinion on the legality of bills will not. Legal advisors will not be in positions of trust.

According to the President’s outline proposal Basic Laws will require three readings and a simple majority of 61 but a majority of 70 or 80 on the fourth reading, depending on how long has passed from the third reading.

In order to annual regular Knesset laws, a two third majority of an 11-justice Supreme Court panel will be required.

President Herzog said, “We are at a crossroads – a historic crisis or a defining constitutional moment. The last few weeks are tearing us apart, they are hurting the economy, security in society and especially Israeli cohesion. The family Shabbat meals have turned into a battleground. Let it touch the heart. I have met thousands of good citizens, true patriots from all sides of the dispute. In my worst nightmares I never thought I would hear such words. I have heard startling rhetoric. True, deep hatred. “A civil war is a red line. I will not let it happen. The IDF must be out of bounds. So is refusal to serve of any kind. We are in the midst of a deep crisis. We are faced with an opportunity for an orderly and wise regulation of the relations of the authorities in our beloved Jewish and democratic country.”

Published by Globes, Israel business news – en.globes.co.il – on March 16, 2023.

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