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Israel passes law granting gov’t control over judicial oversight appointments

2 months ago
ISRAEL-POLITICS-PARLIAMENT

This picture shows a general view of the Israeli Knesset (parliament) during a meeting, in Jerusalem on 30 June, 2022 [MENAHEM KAHANA/AFP via Getty Images]

The Israeli Knesset passed a controversial law yesterday granting the government full control over the appointment of the Public Complaints Commissioner against Judges, removing the Supreme Court president’s role in the selection process.

The bill, introduced by Knesset Member Simcha Rothman of the Religious Zionism Party, passed with 56 votes in favour and 48 against, replacing the previous system in which the judicial selection committee, jointly led by the justice minister and the Supreme Court president, approved candidates.

According to Haaretz, Rothman defended the change, claiming that “for the past two years, it has been impossible to file complaints against the judicial system” and that “judges have always opposed oversight.”

Under the new law, a seven-member committee will appoint the commissioner. The committee includes the justice minister, the labour minister, a coalition-selected Knesset member, three retired judges, and the national public defender. The committee also has the authority to dismiss the commissioner with the support of five members, reported Haaretz.

Opposition lawmakers strongly condemned the measure. MK Karine Elharrar of Yesh Atid criticised the government’s priorities, saying, “Israel is at war, hostages are in tunnels, terrorism and crime are rampant and the cost of living is rising. But what’s urgent for the coalition? More power for the government and further weakening of the judiciary.”

Meanwhile, Hadash Knesset Member Ofer Cassif slammed the law as “a fascist coup in full force” and warned that  “a judiciary dependent on politicians can never be independent or rule justly.” He also urged colleagues to support transparency in judicial oversight.

A similar proposal was introduced in 2023 but was shelved following opposition from the legal community, who argued it compromised judicial impartiality. Despite ongoing protests and criticism from legal experts, the latest version of the law was approved.

Since Israel’s most right-wing government was elected and took its position in power in December 2022, it has sought to reform the judiciary, stripping away its power and transferring it to government ministers, in what has been described as a “coup against the judiciary”.

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