The Israeli Parliament adopted Tuesday, March 14 in first reading the derogation clause, one of the most contested provisions of the reform of the judicial system which divides the country, its detractors denouncing an anti-democratic drift.
The text was adopted shortly before three o'clock in the morning (one hour, Paris time) by 61 votes against 52 and must still be adopted at second and third reading to become law.
The derogation clause
The bill adopted at first reading gives Parliament the possibility of annulling certain decisions of the Supreme Court by a simple majority (61 deputies out of 120): this is the derogation clause, which makes it possible to avoid control by the highest court. Israeli.
Earlier, Parliament had passed its first reading of another bill significantly reducing the possibility that a serving prime minister could be declared unfit to hold office.
Since the presentation of the bill in early January, led by the cabinet formed in late December by Prime Minister Binyamin Netanyahu, one of the most right-wing governments in the history of Israel, made up of right-wing, far-right and ultra-right parties -Orthodox, demonstrations follow each other every week across the country.
Read alsoIn Israel, large processions against judicial reform
“Start working for democracy”
The protesters denounce the reform as a whole but also the general policy of the government, and accuse the Prime Minister, charged with corruption in a series of cases, of wanting to use the law to break a possible judgment coming to condemn him.
This Tuesday morning, a handful of demonstrators formed a rope and sat in front of the entrance to a building housing several ministries in Jerusalem, temporarily preventing employees from accessing it.
“
Stop the race towards a messianic dictatorship and start working for democracy
,” they said.
Demonstration against the controversial justice reform bill, in front of the Knesset, in Jerusalem, Israel, March 2, 2023. AHMAD GHARABLI / AFP
In general, the reform, as it stands, would considerably limit the prerogatives of the Supreme Court and would in fact give the majority political coalition the power to appoint judges.
The government says it is necessary to restore a balanced balance of power between elected officials and an "
independent
" but not "
omnipotent
" justice, in the words of Benyamin Netanyahu, who accuses the Supreme Court of being politicized.
Read alsoIsrael: Netanyahu challenged on several fronts
Mediation attempt
According to its detractors, the project on the contrary carries the risk of a drift towards a model of democracy in Hungary.
On Thursday March 9, Israeli President Isaac Herzog called for the current legislative process to be halted, calling the project a "
threat to the foundations of democracy
".
Isaac Herzog, who plays an essentially ceremonial role, has begun mediation between the opposition and the government with a view to arriving at a more consensual text likely to be adopted by Parliament and to allay the concerns expressed by opponents of the reform.
This Monday, a compromise proposal was presented to the Law Commission by a former Minister of Justice, a university director and a law professor.
The president of this Commission, Simcha Rothman, considered that it could “
be a basis for negotiations
”.