The coalition intends to pass into law by the end of February a new version of a bill to alter the makeup of the committee responsible for electing judges, a spokesperson for Justice Minister Yariv Levin confirmed on Sunday.
Altering the composition of the committee, known as the Judicial Selection Committee, was a central part of Levin’s controversial judicial reforms.
The committee, since the State of Israel was founded, consists of nine members – three High Court justices, two ministers, two Knesset members (traditionally one from the coalition and one from the opposition), and two representatives of the Israel Bar Association.
Levin argued that elected officials, and not the “professional” side – i.e. the justices and IBA members – should have a majority on the committee.
The justice minister’s 2023 proposal would have given the government a majority on the committee and, thus, the power to appoint judges as it saw fit.
According to the new version of the law, which Levin announced alongside Foreign Minister Gideon Sa’ar in a video statement on Thursday, the only change in the committee’s makeup will be that the two IBA members will be replaced by two lawyers, one appointed by the coalition and the other by the opposition.
What majority is enough?
The existing law says that for all judicial brackets other than the High Court, a simple 5-4 majority is enough. However, High Court appointments require a 7-2 majority. This provision, which was an amendment proposed by Sa’ar that passed in 2008, meant that both the three judges and the three members of the coalition had veto power over High Court appointments.
Per the new version, the majority necessary for High Court appointments will revert back to 5-4. However, each such appointment will require the agreement of at least one representative from the opposition and one from the coalition. Appointments to all other judicial brackets will require the approval of one member of the coalition, one from the opposition, and one of the justices.
The new law also includes a mechanism to prevent a stalemate in High Court appointments. If a year passes with at least two vacancies remaining, the coalition and opposition will each propose three candidates, out of which the other side must choose one (along with the justices).
Finally, the law will only apply when the next Knesset is elected.
Levin’s and Sa’ar’s proposal included two other laws: The Basic Law to regulate the High Court’s authority to overrule legislation and the Basic Law detailing the rights of defendants.
However, Levin’s spokesperson said these two laws will take longer to legislate.
The spokesperson added that the new version of the Judicial Selection Committee bill will come up already this week in the Knesset Constitution Committee, although a spokesperson for the committee’s chairman, MK Simcha Rothman, denied this.
Levin’s spokesperson also confirmed that rather than begin the legislative process from scratch, the coalition will amend the 2023 law proposal, which passed its preparation in the committee for its second and third readings