The overcoming clause and the change of the committee for the selection of judges: Levin's reform of the judicial system (Walla system!)
Retired District Court Judge Amnon Strashnov this morning (Thursday) strongly attacked the reform that Justice Minister Yariv Levin wants to pass.
"I don't call it a revolution, I call it a legal coup," Strashnov said in an interview on 103FM.
"To overturn world orders that were working fine, why fix what wasn't broken? The committee for appointing judges has been working for decades, the seniority system in the Supreme Court since the establishment of the state, and I tried to look for one appointment biased to the Supreme Court - I couldn't find it."
According to the retired judge, the reform was designed to fulfill personal political needs of coalition members.
"Minister Levin wants to make a distinct politicization of the judicial system," explained Strashnov.
"The committee for the appointment of judges, I don't see the bar association withdrawing or being removed from the committee. I see them shutting down the courts. Should the judges be taken out of there? The committee is balanced. There are five judges and four politicians."
However, Strashnov pointed out that the procedures in the committee should be more open, but the reform that Levin is asking to pass is not the way.
"Perhaps we need to keep a protocol, do it more openly, but from here until a complete coup, bring in politicians, bring the judges to the Knesset committees - who would want to be a judge?" he said.
"The appointments are good at the end of the day, in every system there are deals and agreements between the systems. I don't see it in a bad light and it certainly doesn't require changing the entire composition of the committee."
According to the retired judge, what bothers the common citizen are the Magistrate's Court and the District Court.
"You have to wait days, nights, months and years for a verdict or a hearing," he explained.
"The fact that the level of punishment is sometimes disturbing, the fact that this year there is no longer a commissioner for complaints at the prosecutor's office. There are many things, flaws that need to be corrected in the justice system that is much more important to the small citizen with all due respect than the composition of the committee for the appointment of judges or the Supreme Court."
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"Reform designed for personal needs".
Strashnov (Photo: Kobi Eliyahu)
Yesterday, Minister Levin presented the reform he wants to pass in the judicial system.
The steps he wants to take: changing the representatives in the committee for selecting judges, passing the superseding clause, canceling the "probability cause" and changing the attitude towards the legal advisors.
According to Levin, the timing of the introduction of the reform is not related to the High Court's discussion on the appointment of Shas chairman Aryeh Deri as a minister.
First, Levin wants to change the method for selecting judges, by removing the two representatives of the Bar Association from the committee and replacing them with members of the Knesset. "No Another situation where the judges choose themselves in chambers without a protocol, but equal representation of the three government authorities in the committee for selecting judges," the Minister of Justice claimed.
Threatening the justice system?
Levin (photo: Reuven Castro, without)
Levin explained that he is interested in regulating the disqualification of the laws and the superseding clause.
According to him, the superseding clause will be enacted, according to which with a majority of 61 members, the Knesset will be able to annul a law invalidated by the court.
"It will be possible to disqualify laws in the Supreme Court, with a full composition and a special majority," said Levin, explaining that in order to disqualify a law, the unanimous consent of the judges discussing it will be required.
In addition, the Minister of Justice wants to cancel the "reasonableness ground" - the same ground for which Legal Adviser to the Government Gali Beharev Miara wants to disqualify Shas chairman Aryeh Deri as minister.
"No more invalidating completely legal decisions of an elected government under the excuse of implausibility in the eyes of the judge, instead returning the ability to make decisions to the elected government," stated the minister.
Finally, Levin wants to change the policy towards the legal advisors, and to cancel the statement that their position requires the political echelon to act on it.
"No more subordination of the government to an unelected level. The legal advisors, as they are called, are 'advisors' and not 'deciders,'" said the Minister of Justice.
"When they represent the government, they should represent the government, not their private opinion."
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