Judicial overhaul negotiations tackle judge picks
"There is much to work on, but there are also partners to work with. The optimism I voiced after the previous discussion still stands, believe it or not."
Israeli President Isaac Herzog’s office hosted a first discussion on Monday on the contentious issue of the make-up of the Judicial Selection Committee as part of judicial overhaul negotiations between the coalition and opposition. While reports indicated that the talks were serious, the gap between the sides’ positions is significant.
The coalition’s current bill – which has passed all legislative hurdles except its final Knesset plenum votes – would heavily politicise the committee and give the coalition practically complete control over the appointment of judges. The make-up of the committee, which currently divides power between politicians and sitting justices regarding new Supreme Court appointments, is arguably the most contentious part of the overhaul, and the issue on which a compromise is the most elusive.
Several Hebrew media outlets reported that the opposition rejected a new proposal by the coalition under which the committee would be made up of five coalition lawmakers and five opposition MKs, alongside a retired Supreme Court justice appointed by the justice minister.
The proposal would require a majority of at least six members to appoint a judge, which would in effect give a given ruling coalition control over appointments, provided that the retired justice is aligned with the coalition.
The Israel Hayom daily reported that other models were discussed, including one that would have the committee made up of four coalition MKs, four opposition MKs, two public representatives – one appointed by the coalition, the other by the opposition – and a retired Supreme Court justice or retired district court judge selected by the justice minister after consulting with the Supreme Court president.
The President’s Residence said the discussions were held “in a positive, professional and serious atmosphere”, adding, “The sides are committed to continuing the dialogue with the goal of reaching agreements.”
Coalition representative Hanoch Milwidsky, a Likud lawmaker, said, “There is much to work on, but there are also partners to work with. The optimism I voiced after the previous discussion still stands, believe it or not.”
The opposition Yesh Atid and National Unity parties released a joint statement stressing “the need to reach wide agreement while preserving all principles of democracy, on which we will not compromise”.
Israel’s Labor party on Sunday announced it would pull out of the talks, claiming that backroom deals were being cut without its involvement.
One of the key arguments of opponents to the government’s judicial overhaul package is that it would give the government and Knesset almost unrestrained power and remove the checks on such power provided by the High Court of Justice.
The judicial appointments legislation was set to be passed into law at the end of March, but mass protests, widespread strikes, opposition from numerous sectors of Israeli society, pleas from President Herzog, and the intense opposition of some crucial IDF reserve units forced the government to back down and enter the negotiation process.
Government officials and bereaved families alike are holding heated debates over how best to ensure that next week’s Memorial Day and Independence Day are not marred by protests as the country remains sharply divided over the coalition’s currently paused judicial overhaul plan.
Meanwhile, in bombshell remarks, Airport Workers Union chief Pinchas Idan said in a deposition that to his knowledge, last month’s strike, a major catalyst in pressuring the government to pause the judicial overhaul legislation, was implemented in coordination with Prime Minister Benjamin Netanyahu, Hebrew-language media reported on Sunday.
The influential Histadrut union declared the strike on March 27, in an unprecedented move coordinated with top business leaders.
Media reports over the past weeks have claimed Netanyahu arranged the strike in order to create pressure on his own government and give him a pretext to halt the legislation against the wishes of many of his coalition allies. Histadrut chief Arnon Bar-David and the Prime Minister both denied the claims.
Moody’s Investors Service last week lowered Israel’s credit outlook to “stable”. Its senior vice-president Kathrin Muehlbronner said, “Our main concern is the executive pushing through important changes to the institutional set-up of the country at such a speed, and without any dialogue really, for us is not a sign of strong institutions.”
Yet, a Sunday Channel 12 report said the coalition intends to advance one of the central bills of its judicial overhaul plan – one that would severely limit the power of ministry legal counsels – when the Knesset reconvenes for its summer session.
TIMES OF ISRAEL
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