BICOM

What happened: Politicians from both the government and opposition have rejected reported compromise proposals on the judicial overhaul drafted by Israeli President Herzog.

• According to a Channel 12 report, Herzog secured consent from Prime Minister Netanyahu’s representatives for a proposal that would require: the grounds of reasonability amendment to Basic Law: The Judiciary to be re-legislated; the composition of the Judges Selection Committee to remain unchanged – but the coalition given veto power over judicial appointments; and all other legislation underpinning the overhaul to be halted for 18 months.
• A statement from the President’s Residence said: “In recent weeks, the president has made particular efforts to prevent a constitutional crisis and to bring about a solution that will preserve democracy and unity among the Israeli people. As part of those efforts, the president has held talks with coalition and opposition leaders with a goal of bringing about dialogue that might lead to broad agreements. It will be stressed that no agreements have been made and the president will continue his efforts.”
• Last night, in a videotaped message Netanyahu invited head of the National Unity party, Benny Gantz, for talks: “[The nation] wants us to reach agreements. But in order to reach agreements, one simple thing must be done: put aside all the prerequisites, all the obstacles, enter the room and talk. Therefore, tomorrow morning I invite your team to sit down with our team and do what most of the people of Israel expect: we will sit down and reach agreements.”
• Gantz described calls for dialogue as spin. “I have no faith in Netanyahu, who first-and-foremost does what is good for him and only then thinks about what is right for the country. Yes, there is a lot to talk about, but the reality has proven that there is no one to talk to at the present time.”  He accused Netanyahu of either being a partner to his extremist government or taken hostage by them, adding that the current coalition doesn’t represent the majority of the nation. Israel “doesn’t have steady hands on the country’s steering wheel. We are not only an opposition, we are an alternative to a government led by extremists.” He also blamed the prime minister “and his allies” for dragging Israeli “into the worst crisis in its history.”

Context: Herzog’s compromise proposal, which came as mass anti-government protests entered their 36^th week, had earlier been rejected by politicians from along the political spectrum.

• Justice Minister Levin dismissed the framework as “impossible.” He told Haredi radio station Kol Berama: “I don’t know that there was an agreement, and it is impossible to agree to the new compromise proposal. [The proposal] does not change the basic thing that is required — changing the committee for selecting judges.”
• Yesh Atid claimed that Netanyahu was trying to buy time. “There have been no talks about a compromise, and there won’t be before the High Court of Justice hearings, only after” sources said.
• Heads of the right-wing parties within the coalition also expressed their opposition. Itamar Ben Gvir said that all six members of the Jewish Power faction would vote against “any capitulation, whenever it comes up for a vote.” The Religious Zionist Party said they were committed to fixing the justice system. “We have always sought agreements and we have agreed to compromises, but capitulation of the majority to a radical minority that is prepared to burn the house down because they lost the election is not going to happen.”
• The Kaplan Force, representative of the demonstrations said that while they would “welcome agreements that would preserve Israeli democracy, strengthen and fortify the standing of the judiciary… that isn’t what is being currently discussed—but rather how to hang Israeli democracy.” They continued by arguing that Lapid and Gantz possess “no mandate to make a bad compromise on democracy that would normalise close to 225 dictatorship bills, would save Netanyahu, legitimise the government of destruction he heads and push forward his vision of a dictatorship under the guise of the agreements.”
• One (almost lone) supporter of the proposal was Defence Minister Gallant: “The citizens of Israel and the IDF need unity. Now is the time to put aside our differences and to find what we have in common, and what unites us.  I call on my friends in the Knesset to reach consensus, and to do so quickly – for the sake of our country and for the security of the State of Israel.”

Looking ahead: With the proposal seemingly dead in the water, focus will now turn to three key hearings related to Netanyahu and the government’s judicial reform plans that will come before the High Court of Justice in the coming weeks.

• Having rejected a government request for a delay, all 15 judges will take part in the hearing on the grounds of reasonability amendment to Basic Law: The Judiciary.
• The Court agreed to Levin’s request to postpone a hearing on petitions demanding he convene the country’s Judicial Selection Committee. The new date for the hearing is September 19 (rather than the original September 12).
• The Court is also due to review another law by the coalition that shields Netanyahu from being ordered to take a leave of absence (the Incapacitation Law), even if he were to violate terms set by the Attorney General’s Office.