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Herzog's softened reform: the overcoming clause will be limited, the reason for reasonableness will not be completely abolished | This is the team that advises the president Israel today

2023-03-07T04:48:42.869Z


"Friends team", that's what the group of experts involved in drafting Herzog's compromise outline is called • The proposed options: waiving the enhancement clause or reducing it, the reason for reasonableness will not be completely eliminated, the procedure for enacting basic laws will be toughened • The main difference: appointing judges • The president to 100 heads of authorities : "closer than ever to an agreement"


Although on the surface there is no negotiation between the coalition and the opposition until there is an official and complete stoppage of the legislation, behind the scenes at the President's residence there is a characteristic of compromise talks, which have accelerated in recent days.

While the politicians refuse to hold negotiations between them, Herzog opened an indirect channel, which was discreet for some of the time, in which groups of academics hold discourse circles at the President's residence in an attempt to formulate a compromise outline that will be agreed upon by the parties.

The discussion groups at the President's House include people representing both political schools, that of the coalition and that of the opposition.

The group is called the "Yidida Team", named after Prof. Yida Stern who leads it.

"Israel Hayom" has learned that former Deputy Ombudsman Raz Nazri also participates in the discussions of this group, as well as figures such as Prof. Shahar Lifshitz and Prof. Ariel Bandor from Bar-Ilan University and Prof. Neta Barak Koren and Prof. Yoav Dotan from the Hebrew University. Also the Ecclesiastical Forum A participant in the talks, of course. Prof. Stern's group held talks with the president, and MK Simcha Rothman met with her several times.

Officials in the state camp were also informed of the details of the outline drawn up by her in an attempt to reach a compromise outline even without official negotiations.

Yariv Levin and Simcha Rothman, photo: Oren Ben Hakon

Sources in the political system estimate that Prof. Stern's group is close to formulating its outline, and there is a high probability that the president will adopt most of the recommendations of this group within the detailed outline of the president's compromise.

The goal: applying pressure

"Israel Today" has learned that the consolidated outline includes a significant softening of the superseding clause. The principle says that if a large majority of judges is needed to invalidate laws - the superseding clause is less important, since in any case it will be difficult for the court to invalidate a law.

The suggestions that came up during the discussions of the academics for the compromise outline is a complete or partial waiver of the superseding clause, along with a mechanism that would make it possible to preserve laws that are important to the ultra-Orthodox from the High Court, such as the conscription law. One of the proposed mechanisms: limiting the Knesset's ability to use the superseding clause to a certain number of times or Limited rules during the entire term.

Also, it is possible that the outline will include a reduction of the reason for reasonableness rather than its complete abolition, as well as a hardening of the procedure for enacting basic laws.

However, the bone of contention is the change in the composition of the committee for the selection of judges, when on this issue the differences are large.

Levin and Rothman refuse to give up a majority to the coalition in the selection of judges, while the opposition is not expected to agree to a compromise that would include this.

In fact, the idea behind the formulation of the compromise outline is to soften the reform and try to put pressure on the leaders of the parties on both sides to adopt it or at the very least to make the outline the starting point for official negotiations between the parties.

The keys are with the public

However, the main problem is that even if the president presents a detailed compromise outline, it is not certain that the parties will accept it.

Politically, the understanding is that the reaction of Lapid and Gantz will be influenced by the reaction of the protest organizations.

If the public sees the Herzog outline as a surrender to the coalition, it will be difficult for Lapid to support it, and therefore it is likely that Gantz will not agree to be the only representative from the opposition who supports the move.

Prof. Yedidia Stern.

Team leader, photo: Noam Rivkin Fenton

In the meantime, President Yitzhak Herzog convened 100 mayors and local councils yesterday and called on them to help advance the negotiation process on the legal reform.

According to him, "we are closer than ever to the possibility of an agreed outline".

In his words, President Herzog hinted at the content of the compromise: "The outline includes diversity of the judiciary and an extensive reflection of the variety of opinions and communities. It lays down important and historical constitutional foundations, it anchors a healthy structure of balance between the authorities, it preserves democracy and human rights at all costs, and independence and the independence of the judicial system. It protects the minorities within us and keeps the State of Israel a Jewish and democratic state, based on the principles of the Declaration of Independence."

The President noted that the situation at the moment is closer than ever to the possibility of an agreed outline, and at the end of his remarks he turned to the heads of the authorities and encouraged them to take action: "You are the heads of the authorities, you have enormous power, I also ask on a personal level, just like that - to act with every tool at your disposal, to help bring about this moment Realized. I said and clarified, I have a certain set of tools in my hands. I can go even further, I am able to go even further, and if necessary - I will go even further."

After the president's words, the 100 heads of authorities who participated in the emergency meeting issued a joint statement: "We must act for the unity of the people. This is the order of the hour. We call on the leaders to sit down and talk. Mr. President, we have your back."

Yair Lapid and Benny Gantz also issued a joint statement: "We respect and greatly appreciate the efforts of the President of the State, but in order to reach honest and effective negotiations, Netanyahu must announce a complete halt to the legislative process."

Labor Party Chairman Merav Michaeli congratulated Lapid and Gantz on their announcement and said: "No compromise and no negotiations." On the other hand, Finance Minister Bezalel Smotrich said that "Lapid and Gantz are humiliating the president."

Shirit Avitan Cohen and Yuri Yalon participated in the preparation of the news.

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Source: israelhayom

All news articles on 2023-03-07

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