Coalition and opposition sources denied on Tuesday that an interim deal was imminent in ongoing talks to reach an agreement on changes to the judicial system, responding to a report that President Isaac Herzog’s office has proposed an agreement in which fundamental changes are made. of this kind would require a broad consensus.
According to Monday’s report in Haaretz, the deal would allow both sides to agree to negotiate the terms of a Basic Law: legislation until the Knesset’s winter session, which begins on October 15, ensuring that only they will make fundamental changes in the government system. done with bipartisan agreement.
The reported agreement would also mean that the coalition agreed to convene the court for the selection of judges in its current composition, in exchange for the opposition to accede to the changes that the coalition wants in the way of representing the government in the judicial processes against it.
Sources in the leading opposition Yesh Atid party denied that any deal was imminent, saying that such deals could only be made once the Judicial Selection Committee was actually convened and began functioning. Coalition sources also said that such a deal was not ready.
The centerpiece of the government’s overhaul of the judicial system is a bill that would radically alter the Judicial Select Committee, giving the ruling coalition an integrated majority on the court and, by extension, almost complete control over the large most of the country’s judicial appointments, including the Supreme Court.
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This bill could be approved at any time with two consecutive votes in the Knesset plenary. But the legislation was frozen by Prime Minister Benjamin Netanyahu in March in the wake of mass protests, while the election of two lawmakers to serve on the Judicial Selection Committee in its current format must legally be held by 15 june
Thousands of Israelis protest the planned judicial review in Tel Aviv on April 29, 2023. (Avshalom Sassoni/Flash90)
Supreme Court Justice Esther Hayut will retire in October and deliberations on her replacement could begin immediately after the committee convenes.
But coalition sources have threatened to appoint two coalition MPs to the committee — instead of the usual coalition and one from the opposition — and not convene the panel even after they have selected the MPs.
According to the Haaretz report, the proposal being drafted by the president’s office would allow the coalition to allow an opposition lawmaker to be elected to the committee and convened.
In exchange, the opposition would make a public statement agreeing to allow the government to use independent representation in court proceedings against decisions made by the cabinet. Currently, if the attorney general objects to the government’s position on a policy matter that has been challenged in court, the government can only obtain independent legal advice if the attorney general agrees.
Attorney General Gali Baharav Miara speaks with Justice Minister Yariv Levin during a cabinet meeting, held at the Western Wall tunnels in Jerusalem’s Old City on May 21, 2023. (Yonatan Sindel/Flash90)
In addition, negotiations on a Basic Law – the legislation would continue until the Knesset’s winter session, according to the report.
This law would include stricter requirements for approving or amending the basic laws that make up Israel’s quasi-constitution, meaning that any further changes to the system of government would require broad agreement in the Knesset and could not be made unilaterally by the current government or no future. government
Finally, changes to the government’s ability to obtain legal advice and the Basic Law: Legislation would be enacted sometime during the Knesset’s winter session, with further changes to the court system enacted after that.
MP Benny Gantz, leader of the opposition National Unity party, appeared to allude to such an agreement on Monday in a speech at the Herzliya Conference, where he said he hoped “we can move in the next period towards agreements that they will be the basis for advancing the legislation through a total consensus”.
But a Yesh Atid source denied any deal was imminent.
“If an opposition representative is elected to the Judicial Selection Commission and if the commission begins to work and appoint judges, then we can talk about agreements,” the source said.
Prime Minister Benjamin Netanyahu (left) with the architects of the judicial review proposal Justice Minister Yariv Levin and MK Simcha Rothman (standing) in the Knesset on February 15, 2023. (Yonatan Sindel/Flash90)
A government source also denied the report was accurate, describing it as “spin”.
The president’s office said in response: “Negotiations are continuing to try to reach an agreement, which has not yet been reached. Many options have emerged in the deliberations and all are being considered seriously and in detail.
“We regret that partial details are being leaked during the [negotiation] process, which creates an inaccurate and distorted picture and sabotages the effort to reach agreements. This is a very complex time for Israeli society, and those sitting in the negotiating room are expected to understand this and behave responsibly.”
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