President Yitzhak Herzog published this evening (Wednesday) the outline he formulated for the reform of the judicial system. The purpose of the outline is to outline a basis for legislative procedures. According to the outline, judicial review of laws will be accepted by an expanded composition of 11 judges and with a majority of two-thirds of them, basic rights such as the right to equality and human dignity and freedom will be anchored in a basic law and the reason for reasonableness in relation to government decisions and ministerial appointments will be abolished.
Herzog presented the outline: “A civil war is a red line, I will not let it happen”
Selection of judges
According to the outline, the supreme judges will lose the veto they currently have in the committee for the selection of judges. However, the coalition will not hold veto power as well. The committee to select judges will include 11 members: three ministers, the president of the Supreme Court, two judges, three members of the Knesset, including: a coalition member and two opposition members from different factions. Two public representatives, lawyers, appointed by the Minister of Justice with the approval of the President of the Supreme Court. Judges will be elected by a majority of seven members, at least four women and one representative from Arab society. Regarding the election of the president, the committee will choose the president according to the existing practice. Also, for the other jurisdictions – election by a majority of seven committee members, including a serving judge of the Supreme Court.
Legislation of basic laws
According to the outline, a fundamental law will be enacted: the legislation. A basic law will be passed in four readings in the Knesset plenum. The first three readings will be by a majority of 11, and in the fourth reading – a majority of 80 Knesset members. In the next Knesset, the reading will be accepted by a majority of 87 Knesset members. Provisions regarding elections will be passed by a majority of 80 members of the Knesset in all four readings. Also, basic laws exist for our protection.
Judicial Review
Judicial review of laws in an expanded composition of 11 judges will be accepted by a two-thirds majority of the members. However, there is no judicial review of fundamental laws. In addition, an agreed outline for military service or civilian national service will be formulated, which will be enacted as a basic law and will be immune from judicial review. Constitutional judicial review will continue to apply to the full extent of the rights derived from the right to human dignity.
Enshrining rights
The legal system will be anchored in the basic law: human dignity and freedom, the right to equality and the prohibition of discrimination; The right to freedom of expression, opinion, demonstration and assembly, and at the same time, a broad constitutional process will be initiated with public participation in the President’s House to formulate and complete a comprehensive Bill of Fundamental Rights, with broad consensus.
Reasonableness
The cancellation of the reason for reasonableness will be in relation to the decisions of the government in its plenary session, in matters of policy and appointments to ministers. There will be a reduction of the reason for reasonableness for the decisions of ministers in matters of policy and the principle of reasonableness will continue to apply in relation to the rest of the state authorities and other public authorities.
Status of legal advisors
The appointment of legal advisors for a period of one year will take place through a tender, as is customary today. There will be the possibility of transferring a legal advisor from his position if there are substantial and ongoing differences of opinion between him and the minister that prevent effective cooperation between them, subject to the approval of a special committee. The opinion of the Attorney General and the legal advisors is binding.
In addition, Herzog emphasized that a minister will be entitled to receive separate legal representation before the courts and that there will be a multi-year plan to reduce the burden on the judicial system.