The right-wing government majority in the Israeli parliament approved further parts of the controversial judicial reform in the first reading. A majority of Knesset MPs first approved a provision that would prevent Israel’s Supreme Court from blocking the government’s appointment of ministers. Another draft later cleared the first hurdle that would make it significantly more difficult for the court to overturn legislation passed by Parliament.
The vote was once more accompanied by loud protests within the Knesset. MPs yelled “gang of crooks” at the government majority before some were expelled from the Chamber. Tens of thousands of Israelis have been taking to the streets for weeks once morest the judicial reform announced by Benjamin Netanyahu’s government at the beginning of January. Netanyahu, who is on trial for corruption, regained power at the end of December with the help of a right-wing religious alliance.
Judicial reform is a key project of the far-right governing coalition in Israel’s history, which includes ultra-Orthodox and far-right parties. The head of government describes the reform as necessary in order to restore the balance in the separation of powers.
According to Netanyahu’s reasoning, the judiciary in Israel currently has too much power. Critics, on the other hand, see it as an attack on the rule of law. The UN Human Rights Commissioner Volker Türk had expressed concern regarding human rights and the rule of law in Israel, and President Isaac Herzog also expressed his concern.
The part of the reform approved on Wednesday at first reading, which would remove the Supreme Court’s ability to block ministerial appointments, is known in Israel as the “Deri 2” law – following the leader of the ultra-Orthodox Shas party Aryeh Deri, whom Netanyahu originally appointed had wanted to appoint health and home affairs ministers.
However, in January the Supreme Court nullified Deri’s appointment to the cabinet post following he had been convicted of tax evasion. Netanyahu initially bowed to the verdict but left Deri’s post vacant. The new regulation that is now being sought might pave the way for Deri to become a minister.
The amendment to overturn laws by the Supreme Court, which was also initiated in the first reading, would require a unanimous decision by all 15 Supreme Court judges in the future. In addition, a law might only be blocked if it expressly violates one of the so-called basic laws, which have quasi-constitutional status.
Israel has no constitution. So far, however, the Supreme Court has been able to overrule laws passed by Parliament if it deems them discriminatory. The reform would make this much more difficult – especially since it would enable MPs to overrule such a decision by the court by simple majority.
Before the judicial reform comes into force, its components still have to be passed by the Knesset in the second and third readings.
