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Netanyahu softens focus of Israel’s judicial overhaul

After months of nationwide protests, Israeli Prime Minister Benjamin Netanyahu has softened the pace and focus of his plan to overhaul the judiciary.

Israel Politics Prime Minister Benjamin Netanyahu's reforms would shake up how Israeli judges are selected.
March 21, 2023
By Dan Williams
21 March 2023

Israeli Prime Minister Benjamin Netanyahu has announced a softening of his hard-right government’s judicial overhaul plan, an apparent concession to more than two months of unprecedented nationwide protests and misgivings voiced by Western allies.

Wielding a parliamentary majority, Netanyahu had looked set to ratify the package of reforms by the Knesset’s April 2 recess. 

However, most would now be shelved until it reconvenes on April 30, he and religious-nationalist coalition allies said.

The legislation still slated for ratification in the next two weeks would shake up Israel’s method of selecting judges – an issue at the heart of the reform controversy, with critics accusing Netanyahu of trying to curb the independence of the courts.

He insists his goal is to balance branches of government.

Monday’s coalition statement used more circumspect language than the original bill introduced on January 4 but said it would continue to check the power of judges on the selection panel to use what it deemed an “automatic veto” over nominations to the bench.

The statement further noted amendments made to the bill in a Knesset review session on Sunday, whereby the selection panel would be expanded from nine to 11 members as originally planned but with a make-up that grants the government less potential clout.

Previously, the bill envisaged the panel including three cabinet ministers, two coalition MPs and two public figures chosen by the government – spelling a maximum seven to four vote majority.

In its amended form, the bill envisages the panel being made up of three cabinet ministers, three coalition MPs, three judges and two opposition MPs. 

That could spell a slimmer, more precarious six to five majority for the government.

The amended bill further stipulates no more than two Supreme Court justices can be appointed by regular panel voting in a given Knesset session.

Any appointments beyond that would have to be approved by a majority vote including at least one judge and one opposition lawmaker among selection panel members.

Netanyahu called for a rethink by the political opposition, which has pledged to boycott ratification votes in the Knesset and encouraged street demonstrations that have reached into the ranks of the Israeli military, which is usually above politics.

“We are extending a hand to anyone who genuinely cares about national unity and the desire to reach an agreed accord,” the coalition statement said.

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