In the shadow of protests, criticism and President Yitzhak Herzog's call for dialogue, the legal reform as presented by Minister of Justice Yariv Levin and Chairman of the Constitutional Committee MK Simcha Rotman is starting today (Monday).
The Constitution Committee meets for the first votes in the plenary on the reform laws // Photo: Knesset website
What is the discussion about?
The first part of the legal reform, which will be voted on for the first reading today, deals with changing the committee for selecting judges and stating that the High Court cannot disqualify or discuss basic laws of the Knesset.
The situation today:
the committee for the appointment of judges has nine representatives, three chief judges including the president, a minister of justice who is the chairman of the committee, another minister from the government, two representatives of the bar association and two judges who will be elected by secret ballot in the Knesset (usually - one from the coalition, one from the opposition) .
Rothman at the Knesset's Constitution Committee, photo: Oren Ben Hakon
In order to appoint supreme judges in the current situation, a majority of seven members from the committee is needed.
That is, the Minister of Justice and the representatives of the coalition must reach an agreement with the judges and the representatives of the bar or the opposition in order to appoint supreme judges.
For the other courts, a simple majority of five out of four is sufficient.
What changes?
According to Rothman's law, the committee will continue to appoint nine members, it will include - three ministers, three judges - the President of the Supreme Court and two additional judges who will be chosen by the President and the Minister of Justice by agreement.
as well as three Knesset members - the chairman of the Constitution Committee, and two additional judges, one from the coalition and one from the opposition.
President of the Supreme Court, Judge Esther Hayut, photo: Oren Ben Hakon
According to Rothman's law, there is an automatic majority of coalition members on the committee and the seven-member majority out of nine to appoint supreme judges will be abolished so that politicians can appoint supreme justices without the need to reach an agreement with the judges.
Meanwhile, the supreme judges will undergo a public hearing before being elected to the committee.
the constitution.
In addition, in the amendment to the first law of the reform that will be put to the vote today, it will be established that the Beget cannot invalidate or pass a judicial review on the fundamental laws of the Knesset.
What is the situation today?
There is no clear definition in the law of the High Court's powers to discuss basic laws. Barak stated that basic laws are a kind of constitution and are of a higher status than ordinary laws, so that by virtue of the basic laws the court is given the authority to invalidate ordinary laws. Over the years, the High Court of Justice began to discuss basic laws as it did the law The nationality, the amendment to the basic law of the government of the exchange government, an amendment to the basic law of the government regarding Deri and more.
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