The Japan Times - Israel parliament passes law enabling political control over judicial appointments

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Israel parliament passes law enabling political control over judicial appointments
Israel parliament passes law enabling political control over judicial appointments / Photo: Menahem KAHANA - AFP

Israel parliament passes law enabling political control over judicial appointments

Israel's parliament on Thursday passed a law expanding elected officials' power to appoint judges, defying a years-long movement against Prime Minister Benjamin Netanyahu's contentious judicial reforms that saw massive street protests.

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The approval comes as Netanyahu's government, one of the most right-wing in Israel's history, is locked in a standoff with the supreme court after beginning proceedings to dismiss Attorney General Gali Baharav-Miara and announcing the sacking of Ronen Bar, head of the internal security agency.

Critics said the new law was a "nail in the coffin of Israeli democracy," while the opposition swiftly filed a petition with the supreme court challenging the vote, viewing these judicial changes as signs of Netanyahu's authoritarian shift toward an illiberal democracy.

The legislation was approved by a vote of 67 in favour and one against, with the opposition boycotting the early-morning vote.

Israel's parliament, the Knesset, has 120 lawmakers.

The overall judicial reform package had sparked one of the largest protest movements in Israel's history in 2023 before being overtaken by the war in Gaza.

The war began following the deadly October 7, 2023 attack on Israel by the Palestinian Islamist group Hamas, which rules the Gaza Strip.

According to Justice Minister Yariv Levin, who sponsored the bill, the measure was intended to "restore balance" between the legislative and judicial branches.

In his closing remarks ahead of the vote, Levin slammed the supreme court, saying it had "effectively nullified the Knesset".

"It has taken for itself the authority to cancel laws and even Basic Laws. This is something unheard of in any democracy in the world," said Levin, the key architect of the judicial changes.

"But our supreme court didn't stop at trampling the Knesset; it placed itself above the government. It can annul any government action, compel the government to perform any action, cancel any government appointment."

- 'Hypocrisy' -

"It is hypocrisy and one-sided to say that the Knesset is forbidden to act while the court is allowed to act in the middle of a war," Levin said.

"The days of appeasement and silencing are over, never to return."

Currently, judges -- including supreme court justices -- are selected by a nine-member committee comprising judges, lawmakers, and bar association representatives, under the justice minister's supervision.

Under the new law, which would take effect at the start of the next legislative term, the committee would still have nine members: three supreme court judges, the justice minister and another minister, one coalition lawmaker, one opposition lawmaker, and two public representatives -— one appointed by the majority and the other by the opposition.

Yair Lapid, leader of the centre-right Yesh Atid party, announced on social media platform X that he had filed an appeal with the supreme court against the law on behalf of several opposition parties, just minutes after the parliamentary vote.

The law aims to "ensure that judges become subject to the will of politicians," Lapid said in his post.

"Instead of focussing all efforts on their (Israeli hostages in Gaza) return and healing the divisions within the people, this government is returning to the exact legislation that divided the public before October 7."

- Protests and criticisms -

"The amendment passed by the Knesset is another nail in the coffin of Israeli democracy," said Eliad Shraga, head of Israeli NGO the Movement for Quality Government in Israel and one of the petitioners against the law.

"This is a calculated attempt to take control of the judicial system and turn it into a tool in the hands of politicians," he said in a statement.

The government's judicial reforms package, first unveiled in early 2023, had triggered massive weekly street protests that effectively divided Israeli society.

Netanyahu's detractors warn the multi-pronged package could pave the way for authoritarian rule and be used by Netanyahu to quash possible convictions against him in his ongoing corruption trial, an accusation the premier denies.

Rallies have once again erupted in key cities, and on Wednesday thousands protested against the bill before it was approved in parliament.

Netanyahu had slammed the opposition in parliament on Wednesday.

"You recycle the same worn-out and ridiculous slogans about 'the end of democracy'. Well, once and for all: Democracy is not in danger, it is the power of the bureaucrats that is in danger," he said.

"Perhaps you could stop putting spanners in the works of the government in the middle of a war. Perhaps you could stop fuelling the sedition, hatred and anarchy in the streets."

T.Kobayashi--JT