Israel Parliament Passes Bill Bringing Judicial Appointments Under Political Control

Via Middle East Eye

Israel’s Knesset has passed a bill enabling greater political control over the appointment of judges, effectively diminishing the Supreme Court’s power.

The measure, which will come into effect after the October 2026 general elections, marks the first time in Israel’s history that the selection process for judges will be controlled by politicians.

It will change the composition of the nine-member committee that selects judges, comprising judges, lawmakers, and bar association representatives, overseen by the justice minister.

The bill will see representatives of the Israeli Bar Association replaced with lawyers appointed by the ruling coalition and the opposition, and give politicians veto power over lower court appointments. It will also remove any influence of the three judges who sit on the committee overseeing appointments to the Supreme Court.

The committee is currently handling petitions against Prime Minister Benjamin Netanyahu’s dismissal of Shin Bet chief Ronen Bar, and the reappointment of Itamar Ben Gvir as national security minister.

The bill was passed almost unanimously after the opposition boycotted the vote, with 67-1 in favor of the legislation.

Justice Minister Yariv Levin will bar the committee from naming new judges until the law comes into effect, leaving the country with only 11 supreme court justices – short of the full complement of 15.

Knesset opposition leaders condemned the legislation, saying that its sole aim is “to ensure judges are subjected to the will of politicians”.

“This is happening while 59 hostages are still held in Gaza. Instead of focusing all efforts on bringing them home and healing the divisions in the nation, this government is once again engaging in the very legislation that divided the public before October 7,” they added.

A ‘dangerous direction’

A flurry of petitions against the bill were filed by opposition parties and a government watchdog to the High Court of Justice shortly after its approval. In one of them, opposition leader Yair Lapid’s Yesh Atid Party stated that the law’s approval “is not an amendment, but the eradication of an entire system“.

National Unity party chairman, and former member of the war cabinet, Benny Gantz, warned lawmakers ahead of the vote that the nation was headed in a “dangerous direction”.

Meanwhile, thousands of Israelis gathered outside the Knesset to protest the legislation.Before October 2023, the Netanyahu government pushed a package of bills seeking to overhaul the judicial system, sparking mass protests across the country.

On January 1, 2024, the Supreme Court nullified controversial legislation passed by the government in July 2023 that eliminated the court’s ability to overturn government decisions.

The legislation eliminated the Supreme Court’s reasonableness clause, a power given to the court to overturn government rulings deemed unreasonable.

Israeli Prime Minister Benjamin Netanyahu’s political party, Likud, called the court’s decision unfortunate and said it opposed “the will of the people for unity, especially during wartime”. Netanyahu is currently on trial for corruption. Since being indicted in 2019, he has railed publicly against the justice system, calling it biased against him.