Netanyahu says government will unilaterally advance ‘corrections to the judicial system’

According to a report from Kan News, Israeli Prime Minister Benjamin Netanyahu recently revealed his plans for moving forward with judicial reforms. 

Netanyahu accused opposition leaders Yair Lapid and Benny Gantz of “playing a game” of dialogue. He said that opposition representatives delayed “month after month” but “did not agree to the minimum understanding.” 

Because of this, Netanyahu said the coalition will “begin taking practical steps” which will take place “in a measured and responsible manner in accordance with the mandate we received to reform the judicial system.” 

The prime minister will reportedly start the process by reducing the High Court’s grounds for 'reasonableness' in dismissing or overruling Knesset legislation. Currently, the grounds for reasonableness is being used by the High Court for judicial review of Knesset legislation and for overturning government decisions, such as appointments to government positions. 

Next, the prime minister plans to reform the Judicial Selection Committee under a new plan by Knesset Member David Amsalem and Cabinet Secretary Yossi Fuchs. 

Netanyahu reportedly told his staff: “Everyone understands that the previous law of the Judicial Selection Committee will not be promoted.” 

His remark was a reference to the proposal by Justice Minister Yariv Levin and Knesset Constitution, Law and Justice Committee Chairperson Simcha Rothman that was almost passed in March after three readings. 

The legislation only needed a final vote to become law. Netanyahu paused the legislation in March following significant pressure from protest movements and following significant warnings from members of his own party, including Defense Minister Yoav Gallant. 

To reduce the grounds of reasonableness, Netanyahu plans to limit the High Court’s ability to interfere in ministerial decisions and appointments, according to the Kan News report. 

That move is widely seen as preparing the way for Netanyahu to reappoint Aryeh Deri to his position as Israel's health and interior minister. Deri was fired by Netanyahu after the High Court ruled that his appointment to a ministerial position was 'unreasonable' as it violated his plea bargain. 

The next move would be to pass legislation to make changes to the office of the attorney general. While these changes are not clear, the coalition has discussed splitting the office into two parts: A chief government legal advisor and a chief prosecutor. 

Israel is the only country to combine these two roles into one office of the attorney general, making the position one of the most powerful unelected officials in the world. 

Judicial reform proponents believe that combining the two offices into one role creates a conflict of interest when deciding whether to pursue legal action against a government member. 

However, critics of the reform say splitting the roles into two positions would undermine the independence of the chief prosecutor by politicizing the appointment. 

The Kan News report also claimed that Levin is demanding immediate action regarding the judicial reforms, especially due to setbacks the coalition experienced last week. 

Other coalition members have also called for progress on judicial reforms. 

The opposition has threatened that if the judicial reform legislation advances, there will be “Gallant 2 events," a reference to the large protests that were organized after Netanyahu announced the firing of Defense Minister Yoav Gallant in March. 

National Unity party leader Benny Gantz said, “Last week, Netanyahu showed national irresponsibility and tried to undermine the ability to reach agreements. He failed, and not for the first time.”

“If Netanyahu goes for unilateral legislation and does the same aggressive and heavy-handed action again, he will harm democracy, Israeli society, the economy and security," Gantz warned. "And after all this, he will also fail. He will not have a majority of the people; he will not have a majority in the Knesset.” 

Gantz said Netanyahu should “keep his promise at the President’s House and complete the process of the Judicial Selection Committee.”