The overcoming clause and the change of the committee for the selection of judges: Levin's reform of the judicial system (Walla system!)
185 law lecturers, members of senior faculty at institutions of higher education across the country, signed a declaration of opinion against the legal revolution promoted by the government.
The announcement published today (Tuesday) reads: "We, members of the senior faculty at the faculties of law in Israel, are strongly opposed to the change that the government wants to make in the system of the regime in Israel, under the guise of 'reforms'."
"The appointment of judges by the coalition alone, the abolition of judicial review almost completely, the abolition of the institution of legal advisers as gatekeepers, damage to the free media - all of these mean that there will be no independent judicial system in Israel, there will be no separation of powers and there will be no rule of law," the members of the senior staff added.
"There is no democracy in the world that exists in this way. The set of proposals is appalling and dangerous, and will result in a severe violation of human and civil rights in Israel, and the loss of the country's democratic structure."
"There will be no independent judicial system in Israel."
Levin (Photo: Flash 90, Yonatan Zindel)
The lecturers called for avoiding rash actions, and added in the manifesto: "We call on those involved in the legislative process to avoid hasty constitutional legislation that will change the face of the country, and to open an open, respectful and tolerant dialogue on the issues in dispute with the aim of reaching a broad agreement on these fateful issues."
Yesterday, opposition leader Yair Lapid announced that he proposed to President Yitzhak Herzog to establish a presidential committee, which will formulate an alternative to the reform to weaken the judicial system that Justice Minister Yariv Levin is seeking to pass. According to him, Herzog is examining the proposal. , and to regulate the relationship between the judiciary and the legislature," Lapid said at his faction's meeting. Meanwhile, Levin met with Supreme Court President Esther Hayut to discuss reform.
The president confirmed the words.
"As part of the talks that the President of the State has been holding in recent weeks with the aim of preventing a historic constitutional crisis and stopping the further division in the nation, the President also spoke with the chairman of the opposition," Herzog said. Wide-ranging, attentive and respectful, hoping to reach as wide an understanding as possible."
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A demonstration against the government and the reform in Tel Aviv.
The weekend (photo: Reuven Castro)
The chairman of the state camp, Benny Gantz, also commented on the issue, saying, "I see the enormous impact of the public outcry and the demonstrations, and I'm starting to hear voices from among coalition officials who want to reach agreements and don't want to "pour democracy with water".
About three weeks ago, Minister of Justice Yariv 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.
First, Levin seeks to change the method for electing judges, by removing the two representatives of the Bar Association from the committee and replacing them with Knesset members.
"No longer a situation where the judges choose themselves in chambers without a protocol, but equal representation for the three government authorities in the committee for selecting judges," argued the Minister of Justice.
suggested that the president formulate an alternative to the reform.
Lapid (Photo: Flash 90, Olivier Fitoussi)
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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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