Israeli politics & society

Updated October 21, 2024

Coalition rejects Herzog’s reform proposals

Herzog presents compromise

On Wednesday evening, in an address to the nation, Israeli President Isaac Herzog unveiled his much-anticipated compromise proposal on judicial reform.

“In the midst of a deep and worrying crisis,” Herzog presented “an opportunity for a balanced, smart constitutional arrangement and an agreement on the relations between the branches of government.”
“Most Israelis want a balanced framework,” he said, “that will set out once and for all the balance between the branches of government, most Israelis want a broad agreement, and most Israelis want to live safe and good lives. It’s not a presidential framework; it’s the people’s framework… a victory for all of Israel.”
Warning of the potential cost of failing to reach a compromise, Herzog said: “Those who think that a real civil war, with human lives, is a border we won’t cross, have no idea… The abyss is within touching distance… A civil war is a red line. At any price, and by any means, I won’t let it happen.”

“The People’s Framework”

Herzog’s compromise proposes:

Judicial Selection Committee: no branch of government will enjoy a controlling or vetoing majority. Election of judges will require 7 yea votes from the 11-member committee.

The coalition proposals have sought a guaranteed coalition majority.

Basic Laws: passage of these quasi-constitutional laws will require four Knesset votes, three by simple majority and a fourth with the assent of 80 MKs (or 70 MKs after fresh Knesset elections).
- The Supreme Court will not be able to strike down Basic Laws.
- The right to equality, freedom of expression, opinion, protest, and assembly will be codified in Basic Law: Human Dignity and Liberty.
Judicial Review: the Supreme Court would be able to strike down regular Knesset legislation as being in contravention of a Basic Law, through a two thirds majority of an 11-judge panel.

The coalition proposals call for an 80% majority, and with all 15 judges voting.

The plan makes no mention of an Override Clause, allowing the Knesset to overrule Supreme Court decisions.

The coalition proposals provide for a Knesset override with a simple 61-vote majority.

Reasonableness: The court will retain the ability to block some ministerial and other state institution policies on these grounds, but not the appointment of ministers themselves.
Independence of ministerial legal advisors: the status quo will be maintained, though a special committee may authorise a minister to remove of an advisor in the event that they have “substantial and ongoing disagreements between them that prevent effective cooperation”.

The coalition proposals call for ministerial authority over legal advisors, and for their judgement to be advisory rather than binding.

Election of Supreme Court President: the position would continue to be assigned on the basis of seniority.

The coalition proposals seek to enable the coalition to appoint the President.

The Response

Herzog’s proposals received an immediate rejection from the coalition and cautious support from the opposition.
Prime Minister Netanyahu, who had postponed his departure for a diplomatic visit to Berlin to be able to respond to the proposal, was critical of its content.
“Regrettably,” he said, “the proposals presented by the president were contrary and had not been agreed to by the coalition, and central sections that he presented only perpetuate the existing situation and do not produce the necessary balance between the branches of government.”
Coalition sources claimed that Herzog had U-turned and presented a proposal far less in accord with the coalition’s reforms than he had indicated during negotiations.
The most contentious reform point has long been and remains the Judicial Selection Committee. While Netanyahu and his confidant Ron Dermer – a late addition to the negotiating party – are said to be minded to compromise, Justice Minister Levin and other hard-line figures from among the Likud, the ultra-Orthodox parties, and the far-right Religious Zionism and Jewish Power factions are determined to ensure a controlling coalition vote on the committee.
The Israeli media quote sources suggesting that Levin threatened to resign and destabilise the coalition further if the plan were accepted.
With a Kan News poll commissioned following Herzog’s speech finding the coalition dropping 12 seats (to 52) were elections to be held today, Likud MK David Bitan publicly urged Levin to moderate his stance and accept compromise on key issues.
From the opposition, former prime minister and opposition figure Yair Lapid said: “I congratulate the president on the ‘People’s Framework’…We need to approach the president’s proposal with respect for the office, the seriousness with which it was written and the values that stand at its basis.”

Protests continue

Large-scale popular protests against the coalition and its reforms continued yesterday.
Demonstrators gathered at Ben Gurion airport as Netanyahu left for Germany, including a group made up of veterans of the Entebbe Raid.
Tel Aviv’s Rockah-Namir intersection was blocked by demonstrators, as were the southbound lanes on the coastal highway near the Yanai interchange, Route 4 at the Ben Yehuda interchange, the Hakfar Hayarok interchange, and Maccabit junction.

What comes next?

The next weeks will indicate if the pressure of the popular and political opposition to its version of the reforms persuades a critical mass within the coalition to move towards a compromise on the basis of Herzog’s proposal.
The thorniest element, though, remains the Judges Selection Committee.
Channel 12 has reported that senior coalition figures are considering an option to propose a counter-compromise on the committee – agreeing to no coalition controlling majority but with the proviso that the coalition chooses the next three justices to be appointed to the Supreme Court.
The report was met with a swift denial from Levin’s office, and his determination on the Selection Committee issue would seem to rule out his acceptance of such a proposal.
Levin is insistent on maintaining the pace of the passage of the coalition’s version of the reforms. He plans next to move the bill changing the composition of the committee, with four meetings of the Constitution, Law and Justice Committee scheduled for next week before a vote in second and third readings before the end of the month.

March 13, 2023

AG overrules Minister Ben Gvir

Israel’s Attorney General (AG) Gali Baharav-Miara overruled a decision by National Security Minister Ben Gvir to remove Ami Eshed, the Police Commander of the Tel Aviv District from his post.

Ben-Gvir had pushed for Eshed’s removal, arguing he has been too lenient overseeing the anti-government protests.
On Friday Baharav-Miara called for an investigation into his sacking, whilst reinstating Eshed in his role.
This morning Ben Gvir and the AG clashed again after Ben Gvir asked to represent himself in the court hearing over the Tel Aviv commander’s sacking.
In a dramatic address on Saturday night head of the Police Yaakov Shabtai admitted that he made a mistake going along with Ben Gvir and gave his backing to the AG.
Shabtai noted Eshed “is a professional, organised and experienced officer.” He explained, “the appointment in question was intended to be implemented after Ramadan. I was wrong, I was wrong in my judgement, I was wrong in the timing and the way I did it, and I’m not taking it lightly. I accept and respect the attorney general’s decision regarding the appointment’s suspension.”
Relating to the protests, Shabtai added, “For ten weeks, Israel Police’s commanders and police officers have been standing, bodily protecting the freedom of democracy in the State of Israel. Along with the freedom of protest, we have maintained public order across the country…. There is a ministerial policy and we’re implementing it while exercising operational discretion on the ground. The police have one commissioner, and the instructions to the troops are clear for the entire period—in terms of conduct and in the use of various measures. The instructions to the commanders and the officers are clear: We don’t want to see blood on the streets. I don’t want to see pictures of a civilian bleeding from a stun grenade and a 70-year-old woman in handcuffs. Force and measures can be used as required by law, and in keeping with the levels established as commissioner. I am committed to the State of Israel, its laws, and its values. I am committed to the Israel Police.”
Minister Ben Gvir attacked the AG and said that she was operating the police commissioner and was acting as if she were prime minister.
The AG was also criticised by Prime Minister Netanyahu who commented yesterday during the weekly cabinet meeting, “In every properly-run democracy that wishes to live, the government that is elected by the people is responsible for the army, the police and the other security organisations. That is how it must be. Nobody else will decide who commands them, who will lead them and how they will lead them.”
Coalition Chairman MK Ofir Katz said, “I don’t remember that there was a ballot slip for a party headed by Gali Baharav-Miara. We have publicly elected officials. She thinks she decides everything and we won’t let her. She is only against us. She is the opposition’s attorney general.”

In parallel, the protests against the government’s proposed legal reforms and the reforms themselves have continued.

For a tenth consecutive week, an estimated 250,000 people protested across Israel on Saturday night.
At the largest rally in Tel Aviv around 160,000 people gathered. When Eshed was spotted by protestors he was greeted with applause and cheers of encouragement.
Among the speakers in Tel Aviv was former police commissioner Moshe Karadi. He told the crowd, “I’ve come here in the name of dozens of retired commanders and inspectors-general. We are but a pace away from the destruction of the Israel Police and of Israel as a democratic country. We’re seeing a worrisome trend in which a convicted criminal is trying to mount a political takeover in order to achieve his political aspirations. This is a person who couldn’t do the job to begin with.”
He added specific criticism of Ben Gvir, saying: “For decades we refrained from taking actions during the month of Ramadan, and a pyromaniac has come along and has said to the police to demolish illegal construction in East Jerusalem ahead of Ramadan, now of all time… I am appealing to the prime minister, remove Ben Gvir from office. Let the police commissioner run the police along with the commander of the Tel Aviv District Police.”
Hundreds also attended a protest held in London’s Parliament Square yesterday.
This is not the first time that the AG has clashed with the current government. For example, she argued vociferously against the law to allow Aryeh Deri to serve as a minister, which was later overruled by the high Court. The coalition still hopes to circumvent the court’s decision.
She is also against the proposed incapacitation bill that would limit her jurisdiction to incapacitate a prime minister.
For the government these interventions provide further motivation to pass their reforms and have added renewed calls for the prime minister to fire and replace the AG.
Also in parallel yesterday, Legal Committee Chairman Simcha Rothman met with President Herzog for more than three hours to discuss a possible compromise.

The AG also intervened on another controversial bill that seeks to grant immunity to the security forces from investigation and prosecution. She argued that that bill, if passed into law, could be very damaging, leaving them vulnerable to international prosecution. The bill sponsored by an MK from Ben- Gvir’s party, has now been postponed by a month.

Nevertheless one of the most controversial aspects of the reform – the override clause bill – is expected to be brought to the Knesset and voted on this week in a first reading.
Today the Constitution, Law and Justice Committee will hear details about the compromise plan being developed by leading legal experts, under the auspice of President Herzo

March 8, 2023

Compromise proposals on judicial reform

Details have emerged of proposed compromises to the government’s judicial reform agenda, initiated by President Isaac Herzog.

As revealed by several Israeli media outlets, the compromise proposes the following:
- Protection of the Supreme Court’s ability to strike down regular laws as contravening Basic Laws (laws having quasi-constitutional status), but not Basic Laws themselves.
- A more robust process for the enactment of new Basic Laws, requiring four Knesset votes, with a majority voting in favour each time.
- The Knesset will be able to re-legislate laws struck down by the court with a majority of 65 voting in favour.
- Two options are proposed for the vital question of the judges selection committee: one providing the governing coalition with a majority on the committee but increasing the level of majority required for an appointment, thus requiring non-coalition committee members to assent; one providing equality of representation from the coalition and the opposition, and with limited veto powers for the Justice Minister and Supreme Court President.
- No override clause, or one with a threshold higher than a simple majority of 61.
- Limiting the Supreme Court’s ability to employ “reasonableness” as grounds to revoke administrative government decisions such as the appointment of ministers.
- Retention of the current autonomy, authority, and independence of government legal advisors, with a limited government ability to overrule.
The plans also codify basic rights that have not been enshrined in law to date and include proposals which also seek to address issues not covered by the government’s reforms, including the drafting of Yeshiva students and a multi-year plan to reduce the workload on the courts which sees cases drag on or be delayed.
Herzog has been attempting mediation and compromise for several weeks, in an effort to heal the deep divisions in Israeli society created by the government’s far-reaching reform plans.
On release of the details of the plan, Herzog’s office immediately stressed that their release was “not with the consent of the president. It must be stressed, this is not the president’s plan. This is one proposal out of many that were raised by researchers and academics from different institutions. The president has yet to formulate a final plan, and after this is done, the president will present it to Israel’s citizens.”
In a Monday meeting with 100 local council leaders, however, he said “we’re closer than ever to an agreed compromise. Behind the scenes there are agreements on most issues. Now it’s up to our national leaders, in the coalition and opposition, who need to meet the moment.”
The architects of the proposed compromises are said to be Prof. Daniel Friedmann, a former justice minister with a record of attempted reforms of the justice system, Prof. Yuval Elbashan, Maj. Gen. (res.) Giora Eiland, and hi-tech entrepreneur and protestor Giora Yaron.
Responses from the coalition have largely been critical. Religious Zionism MK and chair of the Knesset’s Constitution, Law, and Justice Committee Simcha Rothman – the leader, along with Justice Minister Yariv Levin, of the reform agenda – said: “As is clear to any reader, this ‘plan’ voids the reform of its fundamental content… We will continue to advance the legislation as planned and continue attempts to reach broad consensus, just as we have in the last few months.”
Indeed, Rothman has moved to accelerate the pace of the reforms, summoning members of the committee to four meetings, on Sunday, Monday, Tuesday and Wednesday.
Levin is said to be particularly unwilling to compromise on the question of the government majority on the judges selection committee, while also continuing to favour the implementation of the override.
Reports have suggested, however, that Likud cabinet ministers have been imploring Prime Minister Netanyahu to bring pressure to bear on Levin and Rothman to accept compromise. They argue that the Likud is paying too high a price for inflexibility.
Likud MK Moshe Saada told Army Radio that he hoped a compromise would be reached within a month. “Finally, there is a serious position paper that we can discuss,” he said. “If they would stop the circus for a single moment and hold a serious dialogue, we could resolve this. My assessment is that a compromise is possible.”
Opposition sources are said to have welcomed the compromise proposals, though with the proviso that negotiation without a pause to the legislative process is a “fraud”, in the words of Yesh Atid head Yair Lapid.
Organisers for tomorrow’s protests against reforms rejected the proposals as making too many concessions to the government’s plans.

Herzog has said that the final version of his compromise proposal will be forthcoming.

In the meantime, the sections of the reforms as they currently stand that address the changes to the selection committee and barring the Supreme Court from striking down Basic Laws will be advanced in a series of “marathon meetings” of the Constitution, Law and Justice Committee to prepare them for second and third readings.
Simultaneously, the sections that address judicial review over legislation and the override clause will reach their first reading in the Knesset plenum.
Further protests against the reforms are planned for Thursday.
For in-depth analysis of the proposed reforms and their implications, see recent Fathom articles by Professors Amichai Cohen and Suzie Navot, and Russell Shalev.

March 6, 2023

Expanded detail on judicial reform compromise

As revealed by several Israeli media outlets, the compromise proposals emanating from the process initiated by President Herzog include the following:

By means of a three quarters majority, and with all judges present to hear the case, the Supreme Court will have the ability to strike down regular laws as contravening Basic Laws (laws having quasi-constitutional status), but not Basic Laws themselves.
Enactment of new Basic Laws will require four Knesset votes, with a majority voting in favour each time. The first three votes will require only a simple majority of 61, while the fourth vote will require a majority of 80 (or 70 MKs in the next Knesset to be elected).
The Knesset will be able to re-legislate laws struck down by the court with a majority of 65 voting in favour. (A simple majority of 61 will be able to re-legislate a struck down law, but it would only come into effect six months after the election of the next Knesset.)
Two options are proposed for the vital question of the judges selection committee:
- One providing the governing coalition with a majority on the committee, but with the election of a Supreme Court judge requiring a majority of 8 of 11 members voting in favour (i.e. two non-coalition committee members agreeing).
- One providing balance between the coalition and the opposition on the committee (4 members each) and with 4 judges present at debates but not able to vote. The coalition and opposition would take it in turn to propose a candidate for appointment to the Supreme Court. The President of the Supreme Court would have one veto of a coalition appointment and one of an opposition one; the Justice Minister would have one veto of an opposition appointment.

On an override clause allowing the Knesset to override decisions of the court, the leaked proposals are not clear on a recommendation. The government’s plan for a simple majority of 61 is not included, but options to exclude the override altogether, or else institute one requiring a higher majority are floated.
On the question of the Supreme Court employing “reasonableness” as grounds to revoke administrative government decisions such as the appointment of ministers, the plans state that “the court will not review cabinet discretion on the basis of grounds of reasonability in decisions on policy or political appointments.” The court will only intervene “if the decision is patently absurd or extremely deviates from the sphere of discretion that every reasonable minister or bureaucrat would use.”
On the government’s plans to end the autonomy, authority, and independence of government legal advisors, the status quo would prevail. The government would have the ability “in exceptional cases to adopt a position that contradicts” the advisor’s opinion.
The plans also codify basic rights that have not been enshrined in law to date, including the principle of equality (“every citizen is equal before the law; no person’s individual rights are to be violated on the basis of religion, race, gender, sexual preference, physical, emotional or mental disability”), as well as freedom of speech, freedom of religion and freedom from religion.
Proposals also seek to address issues not covered by the government’s reforms, including a “legislative solution… to the issue of drafting yeshiva students” and a multi-year plan to reduce the workload on the courts which sees cases drag on or be delayed.

March 6, 2023

Edelstein calls for pause on judicial reform as protests continue

Some senior Likud MKs have called for compromise on the judicial reforms currently being legislated in the Knesset, although this has been rejected by Justice Minister Yariv Levin.
Yuli Edelstein told Channel 12 news “We have the opportunity to halt the legislative process for a limited period. When you want to come and be adults and not like little kids in a kindergarten, then it’s definitely possible to get to a [joint] draft.” On Sunday, Edelstein said that he had spoken to several fellow MKs who were on the same page.
Unnamed Likud ministers told Channel 12 news on Friday. “The whole process was done in the wrong way – under pressure and without explaining it to the public, who don’t understand what is going on. It is a very difficult situation. Therefore we need to stop and come to a compromise.”
Yet stopping the legislation has been rejected by Justice Minister Yariv Levin. “Halting the reform would mean watering it down and burying it” he reportedly told Likud MKs and “that would lead to the collapse of the government – not immediately but gradually.”

Edelstein is a former Knesset Speaker and challenger to Netanyahu for the leadership of the Likud.

Popular demonstrations against the proposed reforms continue and reservists in key units have said they will not report for training and duty if the legislation continues.
An estimated quarter-million Israelis in 95 venues across Israel protested on Saturday night for the ninth consecutive week. The largest demonstration in Tel Aviv drew an estimated 160,000 people.
Prime Minister Netanyahu described the leaders of the protests movement as an “extreme and dangerous group” that wants to “burn down the club” and “bring chaos.” He accused the protesters of “attacking policemen, blocking roads, [and] breaking through police barriers.”
Thirty seven F-15 pilots out of the forty stationed in the IAF’s Squadron 69, one of the air forces’ most elite units, announced that they would not attend training this Wednesday. The squadron operates aircraft that have targeted Iranian positions in Syria and further afield.
One Lt.-Col. said “The pilots of Squadron 69 will continue to serve the Jewish and democratic Israel, beyond the borders of the enemy at all times.” However, “like during other significant events which impact the pilots and require dialogue, we decided to stop for one day of scheduled training to talk about the worrying processes which the state is experiencing.”
Another reservist pilot said “Somebody is trying to change the fundamental contract on the basis of which we enlisted and were prepared to risk our lives. We aren’t refusing to obey orders. We are signalling that we won’t be prepared to serve a dictatorial regime. Our heart is torn from the very thought that we won’t defend the country any longer… Our act is authentic and is designed to say, ‘No further. Stop. Otherwise, everything is going to fall apart in our hands.’”
On Friday, approximately 150 Israeli army reservists serving in cyber units announced they would stop reporting for duty if the judicial overhaul is advanced. In a letter to the Chief of Staff, Mossad chief and head of the Shin Bet, they wrote that “the moral and legal framework that enables us to develop and run the sensitive capabilities we operate will be harmed” and that “in such a scenario we will not be able to continue volunteering for service in the field of cyber operation.”
The Chief of Staff has reportedly met with Prime Minister Netanyahu to warn of the potential consequences to the IDF. Defence Minister Yoav Gallant yesterday said that that “every call for refusal harms the IDF’s functioning and its ability to carry out its missions” and called for the government to enter into talks about compromise. The IAF is built on pilots who are conscripts and career officers and reservist pilots. The reservist pilots usually devote atleast one day a week to operational sorties and training.
Leader of the Opposition Yair Lapid and head of the National Unity Party Benny Gantz have both distanced themselves from reservists’ refusal to serve. “I am against refusal,” said Lapid. “I don’t think it’s the way. I understand the pain, the sorrow, the dread, and the fury. I think it’s a mistake. We have one army, and it’s forbidden that there is refusal.”

The Knesset will hold a shortened session today before breaking for the Purim holiday until Thursday.

The government and opposition remain at odds regarding the conditions under which dialogue might take place.
Levin, Finance Minister Bezalel Smotrich and MK Simcha Rothman released a statement saying they were prepared to meet for compromise talks Tuesday night under the auspices of President Herzog. “We believe that the reform is necessary for democracy, human rights and the economy. We are answering the call for talks without preconditions, and call on responsible parties in the opposition to answer the call as well.”
Levin and Rothman have aimed to pass the critical legislation by the end of the Knesset’s winter session which is at the end of March. In light of the time constraints, the coalition is reportedly considering combining the sections of the judicial revolution into a single bill.
Lapid responded that “there will be talks only once they announce a halt to the legislation.”

March 1, 2023

Cabinet resignations expose tensions

United Torah Judaism (UTJ) MK Meir Porush yesterday resigned from his role as minister responsible for the annual Lag B’Omer Mount Meron festival.

Porush cited broken promises from coalition negotiations over his level of control over arrangements for the festival, amid a power struggle between Porush, the Shas-controlled Religious Affairs Ministry, and the festival’s previous organisers at the National Center for the Development of Holy Sites.
His resignation follows that of Noam Party head and Deputy Minister in the Prime Minister’s Office Avi Maoz on Monday.
Similarly claiming broken coalition negotiation pledges, Moaz said in his resignation statement that he “was shocked to find there was no serious intention of honouring the coalition deal regarding [the formation of] an authority of Jewish identity.”
Prime Minister Netanyahu is also facing other complaints from the ultra-Orthodox UTJ, concerning budget allocations for ultra-Orthodox education.
One UTJ member said, “The Likud thinks that coalition commitments are one-way, but they aren’t. If they don’t respect the agreements, we won’t be committed to the coalition. They have a majority without us. I hope they enjoy it. We won’t let the Haredi public get trampled.”
Security Minister Itamar Ben Gvir’s Jewish Power faction is also angry over recent security policy and over plans to allow UTJ members to vote with their conscience on the bill to introduce the death penalty for terrorists.
Externally, the government yesterday faced fresh criticism of its plans for judicial reform from former attorney general Avichai Mandelblit and former president of the Supreme Court Dorit Beinisch.
Speaking at the Institute for National Security Studies at Tel Aviv University on Tuesday night, Mandelblit said of the plans: “We are experiencing a regime coup, not so-called legal reforms… What laws are they advancing these very days? The precise laws that will damage the independence of the legal institutions and abolish their role as democratic safeguards in the State of Israel.”
Meanwhile, the large-scale popular protests seen since the announcement of the reform agenda will continue today as organisers implement a ‘day of disruption’.
Elsewhere, the latest public polling from Channel 12 showed low levels of support for the government’s current performance.

Ministerial responsibility for the Mount Meron festival was introduced following a 2021 disaster in which a faulty walkway caused a stampede which killed 45 people at the festival.

Porush has not resigned from his other roles as minister for Jerusalem Affairs and Jewish Tradition, though UTJ sources are briefing that he is considering a full cabinet resignation.
While greater coalition discipline and cohesion might have been expected so early in the life of the government, there is no compelling evidence that it is yet seriously threatened internally.
Finance Minister Bezalel Smotrich said yesterday: “It’s clear to me that none of the members who have presented ultimatums and sent letters of resignation are thinking about bringing down the government and don’t want to destabilise it. Maybe they’re allowing themselves to act this way precisely because of the government’s stability, but that is dangerous and irresponsible.”
Moaz’s appointment in January was met with outrage by opposition figures angered by his record of anti-LGBTQ positions.
Despite Friday’s two-year state budget approved by the cabinet including an apparent 40% rise (NIS 2.5 billion or $682 million) for ultra-Orthodox education, ultra-Orthodox lawmakers are said to be pressing for the full funding parity with secular education it says it was promised in coalition negotiations.
A party official is quoted today as saying “The Likud thinks that coalition commitments are one-way, but they aren’t. If they don’t respect the agreements, we won’t be committed to the coalition. They have a majority without us. I hope they enjoy it. We won’t let the Haredi public get trampled.”
Ben Gvir is known to oppose the restrained security response to recent Palestinian terror, with the Security Cabinet not yet convened since two separate attacks saw three Israelis killed in the last week.
Prior to and following Sunday’s Aqaba summit, and in anticipation of Ramadan, Israel has responded to US-brokered efforts to reduce tensions and allow the Palestinian Authority the opportunity to reassert some control in the West Bank.
Ben Gvir is also said to be angered that he wasn’t briefed on the summit in advance, with Netanyahu keeping the circle of senior security decision-makers small and circumventing the National Security minister.
Netanyahu has long opposed moves to introduce the death penalty for terrorists.
Mandelblit, formerly a close associate of Netanyahu, called on his successor as Attorney General and the High Court to annul legislation threatening Israel’s “liberal democratic” nature. To do so would not only be their right, he said, but their democratic duty.
Channel 12’s poll showed public satisfaction with the government at 33% on the economy and 24% on personal security.
Netanyahu, Ben Gvir, and Smotrich’s personal approval ratings were at 35, 32, and 30% respectively.

The Constitution, Law and Justice Committee is set to vote today on two elements of the judicial reforms restricting judicial review.

The reforms will then pass to the Knesset plenum for a first reading, possibly as early as next week.
Two other reform bills which have already passed a first plenum reading are also set to be allocated to committees:
- The so-called “Deri Law”, restricting the High Court’s ability to overrule ministerial appointments.
- A bill reducing the authority of the State Attorney’s office over the Police Internal Investigations Department, in preference to the Justice Ministry.
An initial reading is also expected of a bill reducing the circumstances under which the recusal of a sitting Prime Minister can be ordered.

February 22, 2023

Netanyahu calls for dialogue over judicial reform

Last night Prime Minister Netanyahu released a public statement calling for dialogue.

Netanyahu said, “I hear the voices of the people. I hear those who are praising, and I also hear those who are concerned. When there are disagreements among us, it is possible and necessary to talk in order to reach agreements or at least reduce the disagreements among us. It is within reach.”
He added, “Come and let’s talk, here and now, with neither pre-conditions nor excuses, so that together we might achieve broad agreement for the good of all Israeli citizens, and for the good of our country.”
Leader of the Opposition Lapid responded, “Mr. Netanyahu. Now isn’t the time for phony slogans and spins. Instead of making statements to the media, call the president, tell him you are stopping all legislative processes and are beginning dialogue based on the president’s proposal. Citizens of Israel, I have no pleasant way to say this: Prime Minister Netanyahu is lying. We have been trying to hold talks with them for many weeks now. The President pleaded with them to stop the legislation and to engage in dialogue. The Americans asked them to stop the legislation and hold talks, and the entire people of Israel are asking the government to prevent a terrible rift in the people, to stop this frenzy and hold talks. Instead, they are pushing forwards with hasty, irresponsible and anti-democratic legislation, which seriously harms the economy and security.”

On Monday night the Knesset passed the first two bills of the judicial reform in their first readings.

The first bill changes the composition of the Judicial Selection Committee to grant the coalition an in-build majority.
The second amendment will prevent the High Court of Justice from either discussing or striking down basic laws.
Both amendments passed by a 63:47 majority.
The vote was conducted in a stormy atmosphere. During the vote, members of the opposition chanted, ‘Shame, shame,’ and cried out ‘against’ in unison each time a member of the opposition was called on to vote.

Following the vote the public atmosphere remains tense and divided.

Despite numerous calls for dialogue there is a significant lack of trust and currently no mechanism to bring the sides together.
President Herzog had called to halt the process and facilitate dialogue, but his deadline to stop before the first reading has now passed. Reflecting on the vote Herzog called out, “the grief that accompanies it is because of the danger to Israel’s unity.”
Herzog continued, “I think it’s time to reach out and have a brave, open and honest conversation, because the price is not worth it. I think that the greater power, the greater national responsibility, is always in the hands of the people who govern and are leading the revolution or are leading the move. That’s why they need to think of ways in which they can build trust with the opposition.”
According to the latest polling by the Israel Democracy Institute 66 per cent of Israelis think the Supreme Court should have the power to strike down a law if it is incompatible with the Basic Laws. Even among voters for the coalition 44 per cent support this idea.
Regarding the Judicial Selection Committee, 63 percent of the public support the current balance that requires agreement between politicians and the judges. Among voters for the Likud party, only 39 per cent support the proposed changes.
Channel 13 News ran a poll (less than three months after the last election), asking if elections were held today, which party would you vote for? The Likud fell from 32 seats (they currently hold) to 27. Overall, the current coalition would lose it majority receiving only 56 seats, whilst the last (Lapid-Bennett) coalition would have 55 seats. The Arab parties, Hadash-Ta’al and Balad, receive 9 seats between them.

Later today the Knesset is expected to vote in a preliminary reading on the override clause, a bill that would allow the Knesset to override High Court of Justice rulings by means of a 61-seat majority.

There are also two other bills are also expected to be introduced today for a preliminary reading:
- The so-called ‘Deri 2 bill’, which would prevent the High Court of Justice from intervening in ministerial appointments,
- A bill that would subordinate the Police Internal Investigations Department to the justice minister and would allow it also to investigate state prosecutors.
However, the coalition does not intend to push forward the two bills that it passed on Monday night so as keep the possibility of dialogue open.

February 20, 2023

Massive protests anticipated as voting begins on judicial reform

The coalition is expected to present the first parts of the judicial reform bill and to vote on its first reading today.

Over the weekend Justice Minister Yariv Levin said, “We’re proceeding to advance the reform without stopping for even a minute, nor are we prepared to suspend it for even a second.”
Today’s vote will be on two proposed amendments to Basic Law: Legislation. The first seeks to change the composition of the Judges Selection Committee to grant the coalition an in-build majority.
The second amendment will prevent the High Court of Justice from either discussing or striking down basic laws.
This morning protests have already begun, including outside the homes of various members of the coalition.
On Saturday night an estimated 200,000 people protested in Tel Aviv and at dozens of other cities across Israel. This was the protests’ seventh consecutive week.
In Jerusalem, in parallel to the usual demonstration, there was a right wing protest against the reforms attended by hundreds of people. One of the key speakers was former head of Shin Bet Security Service Yoram Cohen. He told the crowd, “It appears that the purpose of the proposed judicial reform isn’t to improve the justice system but to neutralise it. In the absence of a constitution, the Supreme Court is the only stronghold protecting the rights of citizens of the state against injurious decisions by the legislative branch and the executive branch.”
Cohen continued, “The reform, should all its components be enacted, will change Israel from a ‘democratic country’ into a country that isn’t that, and will severely damage our country’s character.”
Today’s protest outside parliament is expected to include a broad cross section of civil society including: doctors, lawyers, high-tech employees, architects, university students and lecturers, and LGBTQ organisations.
Last night Prime Minister Netanyahu spoke to the Conference of Presidents of Major Jewish Organisations. He said at the start: “In case you haven’t noticed, Israel is in the midst of a little thing on judicial reform. I’d like to speak to you on it at length and to tell you why you shouldn’t worry. But for the moment, I’m prevented from doing that because I’ve been given a gag order. I’m not making this up. I’ve been given a gag order. After all, who am I? I’m just the prime minister of Israel. What have I got to say about this thing that is gripping the nation. It is patently ridiculous. I hope you notice the grotesqueness of the situation, including President Herzog and one of the leading members of the opposition and calls for my intervention.”

Context: It appears the two sides are entrenched in their positions as the legislative process moves forward apace, so the protest movement is growing.

Today will be the first time that a bill that is part of the judicial reform will be put to a vote in the chamber.
By advancing the bill, the coalition is ignoring President Herzog’s parameters that called last week to halt the process to allow for dialogue.
However, Herzog is still optimistic about the chances of reaching a compromise. He said last night, “I am stating unequivocally, based on my experience and my position: we can reach agreement….in a relatively short time. Even a few days. Not years and months.”
The Attorney-General has prevented the Prime Minister from engaging in the reforms as they are in conflict of interest with his own trial. Specifically over the appointment of judges, that could one day hear an appeal in his case.
Ironically, many are looking to Netanyahu as the only figure powerful enough to reign in the legislation and dilute some of the proposed changes. There is still hope that after the first reading those changes can still be made.
Despite ignoring the President’s deadline, Israeli media reports that behind the scenes senior Likud officials have accused Justice Minister Levin of forcing Netanyahu into a conflict he doesn’t want. The Likud officials said that Levin has taken an extreme position, and hasn’t adopted the position that Netanyahu would like in order strike a compromise through dialogue.

Looking ahead: Beyond the first reading of the bill that is expected to begin this evening, the Constitution, Law and Justice Committee will continue to meet throughout this week.

The next bill on the committee’s agenda would allow for a regular law to be struck down only by a unanimous vote of the entire Supreme Court (15/15), and only if “the law clearly contradicts a provision enshrined in a basic law.”
On Wednesday the committee will hold a classified meeting to discuss the international repercussions of the judicial reform.
Also Wednesday the “second Deri bill” will be put to a vote in a preliminary reading in the Knesset plenum. That amendment is designed to allow Deri to be reinstated as a cabinet minister.
Another amendment, which will subordinate the Police Internal Investigations Department to the justice minister, will also be put to a vote on Wednesday. This is a private members bill that was postponed last week by the Likud’s chief whip to allow time for the presidents call for dialogue.

February 15, 2023

Herzog mediating judicial reform dialogue

President Isaac Herzog held a series of meetings last night at his private home in Tel Aviv with leaders of the opposition and one of the main proponents of the proposed reforms.

He first met with Leader of the Opposition Yair Lapid. Following the meeting Lapid thanked the president for his efforts and highlighted, “the importance of reaching broad consensus and preventing a split among the people.”
He then met with MK Simcha Rothman, the chair of the Constitution, Law and Justice Committee. He also thanked the president for, “his willingness to work day and night to reach broad consensus on repairing the justice system.”
The final meeting last night was with MK Benny Gantz, the leader of the National Unity Party. He said afterwards, “I presented the president with the central tenets of the necessary reform. First, the legislation must stop, the justice system must not be politicised and we must promote a comprehensive step that includes passing Basic Law: Legislation and arrange the balance between the branches.”
Earlier this week Prime Minister Netanyahu met with Justice Minister Levin for four hours late into the night. However Netanyahu did not issue any statement, as formally he must avoid involvement in judicial reform due to a conflict of interests.

The sides agreed to meet with the president but not yet for direct talks. The opposition are demanding the legislative process be frozen to allow for talks, whilst the government has called for talks with no preconditions.

The talks followed a mass protest rally outside the Knesset on Monday, which saw an estimated over 100,000 Israelis protesting against the proposed changes.
On Sunday the president presented his compromise proposals. Some of which may be acceptable to both sides. For example, when it comes to legislating basic laws (which form the foundation of Israel’s unwritten constitution) they could agree to add a fourth vote. Three readings (like a regular law) by the incumbent Knesset and another in the Knesset that is elected after it.
Another possible compromise relates to the courts use of “reasonability.” Instead of removing it completely its scope could be defined and reduced.
There currently seems to be no consensus on changes to the makeup of the Judges Selection Committee, with the coalition continuing to demand changes that give the government a built-in majority. However, they could accept that one of the two public figures who sit on the committee be chosen by the president of the Supreme Court.
Regarding the override clause, Rothman is so far unwilling to show any flexibility and is insisting on a 61-vote majority override clause.
Behind the scenes there is speculation that not all Likud MKs agree with the proposed changes and although they are not speaking out publicly, they are also not defending it either.
There is also concern over the economic impact of the changes. The heads of Israeli banks warned Finance Minister Smotrich, “money is leaving Israel at a rate that is ten times faster than in normal times” and called for a halt to the reform legislation.
Netanyahu has also sought to allay the fears of the big international banks, particularly how the reforms may effect Israel’s credit rating.
Ultimately, despite his own legal predicament, it may be Netanyahu himself who will insist the proposed changes are moderated.
In parallel the “second Deri bill” which prevents the courts ability to interfere on ministerial appointments is expected to be voted on later today.
The first reading on two bills relating to the makeup of the judges selection committee and preventing the High Court to rule on basic laws, have been postponed till next week.
Aides to the president have expressed “cautious optimism” that a compromise can still be found.

February 13, 2023

Herzog urges dialogue over judicial reform

President Herzog presented five principles for dialogue about the proposed reform, with the goal of reaching a “broad agreement.”

As a first stage he called for the government to show restraint in passing the new legislation in its first reading. In fact prior to his speech last night, Justice Minister Yariv Levin announced he was delaying the vote, scheduled for this afternoon till next Wednesday.
The president’s second principle relates to the court’s workload and the unfavourable ratio of judges to citizens. He said the drawn out processes, “damaged efficiency, quality and public trust in the system.”
The president agreed with reformers in criticising the lack of diversity among the judiciary, saying “The fact that there aren’t enough Mizrahi (Jews of eastern origin) justices on the Supreme Court has troubled me for many years.”
Relating to the government’s plans to change the Judges Selection Committee, the President said the changes should reflect equality among all parts of Israeli society. He proposed that none of the three branches of government should enjoy and automatic majority on the committee, and that each one should instead have equal representation, as well as public representatives who are to be chosen in an agreement between the justice minister and the Supreme Court president.
The president also spoke about grounds of reasonability, saying, “There is room for use of those grounds, which today is restricted to cases of extreme unreasonableness. I believe that the parties can and need to reach a broad agreement on that issue too.”
In response to the speech Justice Minister Levin said, “The president’s proposal contains positive elements, and it has elements that perpetuate the improper existing situation. As I have said the entire time, I am prepared and wish to engage in genuine dialogue with the members of the opposition who agree to that,” however added, “no linkage should be made between dialogue and moving forward with the legislative process.”

The President believes the five principles above are the starting point, with the emphasis on maintaining unity within the country.

For the sixth week running protesters demonstrated in Tel Aviv and across the country on Saturday night. Protest organisers claimed overall 250,000 people participated in the demonstrations.
Over the weekend more groups sent letters and issued statements warning against aspects of the reforms. Former heads of the National Security Council wrote to the Speaker of the Knesset warning, “that the force of the societal and political clash is endangering Israel’s social resilience.” They called on the leaders of coalition and opposition parties, “to enter into serious talks without preconditions and to them to reach an agreement on the powers between the legislative, executive and judicial branches.” Notable among the signatories was Yossi Cohen who went on to lead the Mossad and is considered a close ally of the prime minister. Similarly, Yaakov Amidror and Yaakov Nagel – both of whom have also worked closely with Netanyahu – were also among the eleven signatories.
A group of 18 Retired Supreme Court justices’ released a harsher statement, calling the proposed changes, “a serious threat not only to the justice system but also to the substance of the regime and to our way of life, and especially to the possibility of defending the basic rights of every individual in a fair and effective way. We feel we have a responsibility to warn about this danger before it comes to pass. The changes that have been presented are causing a serious and dangerous polarisation in society and they could bring disaster on Israel.”
In addition a group of seven Nobel Prize winners also released a letter suggesting the proposed changes would “have clear negative impacts on research and institutions of higher education, which are the country’s economic and security engine and ensure its ongoing existence.” Their letter noted that “countries where the political regime set the agenda for research and higher education”, such as Turkey, Poland and Hungary, “lost their scientific excellence.”

In parallel to the judicial debate, there remains heighted concern over the security situation, following Friday’s terrorist ramming attack in northern Jerusalem that resulted in two children and a 20-year-old student killed. This took the Israeli civilian deaths to 10 victims of terror attacks in the last two weeks.

In response to the attack security forces sealed the home owned by the family of the terrorist in the A-Tur neighbourhood in East Jerusalem. In addition, the security cabinet decided to legalise nine outposts in the West Bank in response to the recent terror attacks in Jerusalem. Minister Ben Gvir came to the meeting requesting the legalisation of 77 outposts.
Four rockets were fired this morning out of the Gaza Strip. One landed in an open field and the other three exploded in mid-air, without being intercepted. No one was injured and no damage was caused.
In retaliation, IDF tanks attacked Hamas military positions on the Gaza border. Earlier Israeli Air Force targeted an underground rocket factory in the central Gaza Strip. That attack was carried out in retaliation for the rocket that was fired and intercepted on Saturday.

Leaders of the protest movements are today holding widespread strikes.

This morning a mass prayer “to save democracy” is being held at the Western Wall.
The main protest will be outside the Knesset, at 1200 (local time) it is expected to continue throughout the day and will include a mix of speeches and musical performances, with tens of thousands expected to attend.
Inside the Knesset the Constitution, Law and Justice Committee will hold it vote today on a bill changing the composition of the Judges Selection Committee and to deny the High Court of Justice ability to intervene or reject basic laws. The first reading in the Plenum will be delayed till next week.

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