Knesset Passes Key Judicial Reform, Amendment To Judicial Selection Committee

The Knesset has passed the controversial bill to change the makeup of the judicial selection committee, which will greatly increase political power over the judicial appointments process in Israel. The bill was the main issue of contention during the 2023 judicial reform debate, and was eventually deferred to a later date.

The new legislation removes the two representatives of the Israel Bar Association currently on the nine-member Judicial Selection Committee, which makes all judicial appointments, and replaces them with one lawyer to be directly chosen by the coalition and another chosen by the opposition.

It also gives political representatives from the coalition, opposition and judiciary on the nine-member Judicial Selection Committee veto power over lower court appointments, as opposed to the current system where no side has a veto. The bill removes any influence of the three judges on the committee over appointments to the Supreme Court, while granting the coalition and opposition vetoes.

Critics say the bill, which will only take effect in the next Knesset, will politicize judicial appointments.

The debate on the bill ahead of the final votes in back-to-back second and third readings lasted through the night, due to the unprecedented 71,023 objections the opposition filed against the legislation.

The opposition boycotted the final votes on the bill, with MKs leaving the plenum as the coalition voted. Only one opposition member, Miki Levy of Yesh Atid, remained at the vote, claiming the need for unity was more important at this juncture.

The bill is only set to take effect in the next Knesset and not in the current tenure. Opposition members vowed that “In the next government, we will ensure that the law changing the Judicial Selection Committee is repealed, restoring the selection of judges to a fair and professional committee.”

In the meantime, three petitions have already been submitted to the High Court claiming that the bill is illegal. The petitions were filed by the Movement for Quality Government in Israel, the Association for Civil Rights in Israel (ACRI), and the Yesh Atid party, arguing that the law, an amendment to Basic Law: The Judiciary, is an unconstitutional constitutional amendment, in that it violates what the petitioners assert are the basic democratic values of the State of Israel as laid out in the Declaration of Independence.

“The amendment exceeds the authority of the Knesset as the constituent authority since it is an unconstitutional constitutional amendment, which does severe damage to the core components of the State of Israel as a democratic state, to the rule of law, to the independence and impartiality of the judicial branch, and the separation of powers,” writes the Movement for Quality Government in its petition.

“This change will allow politicians almost complete control over the identity of judges at all levels, create a dangerous dependence of judges on political figures, and cause judges to constantly fear that their independent rulings could harm their chances for promotion,” ACRI writes in announcing its petition.

“The Supreme Court is the last and only barrier against majority tyranny. The politicization of judicial appointments will lead to a situation where every judge, from the lowest ranks to the Supreme Court, will depend on politicians’ favor for promotion and will fear ruling against government positions,” ACRI adds.

It is unclear how the Supreme Court can adjudicate the petitions which concern its own independence, as it is clearly in conflict of interest regarding the new Basic Law.