Another compromise outline for the reform of the judicial system, which proposes a new and different composition for the committee for selecting judges, was published this evening (Tuesday). According to the outline, published for the first time in News 12, the committee for selecting judges will have an equal number of members of the coalition and the opposition, and two supreme judges will be chosen each time – one by the coalition and the other by the opposition. Judges will not have the right to vote, but the President of the Supreme Court will have one veto right per term.
On behalf of Justice Minister Yariv Levin, it was stated that “this is the first outline that comes out of the box. It has good directions, and it will be examined by the minister.”
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The compromise proposal was formulated by Major General Giora Eiland, Prof. Yuval Albashan, Giora Yaron and Daniel Friedman. according to which, to the Shop Selection CommitteeTwo alternatives are proposed: according to the first proposal, the committee will have 11 members: the Minister of Justice and two other ministers, the chairman of the Constitution Committee, two MKs from the coalition, two MKs from the opposition, the president of the Supreme Court and two additional judges to be chosen by a member Judges of the Supreme Court. Selection of a supreme judge will be done by a majority of 8 members out of 11.
An alternative proposal is that the committee will have 12 members: 4 from the coalition, 4 from the opposition, 4 judges. The judges will not have the right to vote for the election of supreme judges and they will serve as observers. They will have one veto per term. Appointments to the Supreme Court will be made using the “comfort box” method, each time two judges are appointed – one chosen by the coalition and the other by the opposition. The Knesset has the right to veto once per term over the President of the Supreme Court regarding the candidate of the coalition, and once for the candidate of the opposition.
A majority of 7 out of 12 members of the committee will be required to elect justices of the peace and districts.
The reason of reasonableness will not be used to disqualify appointments
According to the proposal, in order to enact or change basic laws, a majority of 61 MKs in four readings will be required, and the existing basic laws will be approved as one division by a majority of 70 MKs in three readings. If the law deals with changing the election system or was accepted by a majority of less than 70 MKs – the fourth reading will take place after the next Knesset elections.
Disqualification of laws that contradict fundamental laws will be done by 11 of the 15 supreme judges. A superseding clause will be established with a majority of 65 MKs that will allow the repealed law to be re-enacted immediately. If there is a majority of 61 MKs, the law will enter into force six months after the next Knesset is elected. That is, the next Knesset will be able to repeal the legislation.
In addition, according to the proposal, it will be determined that the opinion of the legal advisers will not bind the government and the government and its ministers will be entitled to legal representation without the approval of the ombudsman. The reason of reasonableness will not be used to disqualify appointments in the government and the Knesset and will only be determined by the Knesset plenum.
The reaction of the Law Lecturers Forum for Democracy: “To Friedman / Albashan’s ‘compromise proposal’ that was circulated today – the forum, which represents over 120 law lecturers and public law lecturers in particular, believes that it is not a compromise at all but in fact the coalition’s one-to-one plan to change Adret.”
They also added that “judge selection procedures must not be under the sole control of the coalition, directly or indirectly. Another element is an armor of human rights, first of all the right to equality, which must not be violated by any majority. Another necessary element is a basic law: the legislation that will state that changes to basic laws must to be done by broad consensus and not through a simple majority, and that their content cannot contradict the basic principles of the system, including the protection of human rights.”
The headquarter of the cloak struggle announced a new campaign that will be released tomorrow: “When politicians choose the judges, every trial is sold – Honorable President, don’t let them work on you.”
This is against the background of the publication of the President’s outline and the apparent changes in the reform, in which they will warn the public against the appointment of judges by politicians and address the President directly.
The headquarters of the struggle stated: “While in the Knesset people are warming their seats, we will work to save democracy and the judicial system. We will take to the streets until the country shakes. Only in this way can we change, because the politicians choose the judges, every trial is a prisoner.”