Israel | Parliament passes controversial judicial reform clause

(Jerusalem) The Israeli Parliament adopted in the night from Monday to Tuesday in first reading a key measure of the controversial judicial reform wanted by the government, after a pause in the legislation under the pressure of one of the most important protest movements of the history of Israel.

The measure aims to cancel the possibility for the judiciary to rule on “the reasonableness” of government decisions.

According to Prime Minister Binyamin Netanyahu’s coalition, bringing together right-wing, far-right and religious parties, the aim is to ensure a better balance of power. Its detractors see it as a threat to Israeli democracy and its institutional safeguards.

The text was adopted at first reading by 64 votes in favor, corresponding to the deputies of the government coalition, during an agitated session. The 56 opposition MPs all voted against.

During the debates, attendants had to drag them out on the floor of the demonstrators who had broken into the Knesset building and managed to approach the debate hall, while several hundred other opponents to reform were demonstrating outside the building.

In a video posted on Facebook during the debates, Mr. Netanyahu wanted to be reassuring by saying that the bill “is not the end of democracy, but that it will strengthen democracy”.

“The rights of Israeli courts and citizens will not be harmed in any way […] The Court will continue to monitor the legality of government decisions and appointments,” he said.

But opposition leader Yair Lapid, leader of the centrist Yesh Atid party, slammed the bill in a speech to MPs.

“You promised to help the weak and protect Israel’s security […] you do nothing but this madness,” he said.

The opposition promised a day of national mobilization on Tuesday against the bill, which will go through a second and third reading.

Announced shortly after the inauguration of the right-wing government formed by Mr. Netanyahu at the beginning of the year, the judicial reform aims in particular to reduce the prerogatives of the Supreme Court, which the executive considers politicized. Its detractors believe that the reform risks opening the way to an illiberal or authoritarian drift.

At the end of March, Mr. Netanyahu decreed a pause in the legislative process to allow discussions with the opposition parties.

But at the end of June, the two main opposition leaders, Yair Lapid and Benny Gantz, suspended their participation in the talks.

CONTESTATION

According to a poll published Sunday by the public broadcaster Kan 11, 31% of Israelis are in favor of the adoption of this measure against 43% who oppose it

On Saturday evening, several tens of thousands of Israelis gathered to protest against this bill in the center of Tel Aviv and in other Israeli cities, for the 27^e consecutive week.

The measure considered by parliament “aims to prevent the judiciary from criticizing government decisions that do not fall under any other law”, accused one of the demonstrators, Amit Lev, 40 years old.

In January, Mr. Netanyahu had been forced to dismiss the number two of the government Arie Dery, found guilty of tax evasion after the Supreme Court ruled that it was not “reasonable” that Mr. Dery sits in the government.

For Mr. Netanyahu, the judges had then ignored “the will of the people”.

Other measures of this reform are in the crosshairs of the opposition, such as the so-called “derogatory”, which aims to allow Parliament to overrule a decision of the Supreme Court by a simple majority.

It has been “abandoned”, assured Mr. Netanyahu at the end of June, whose government was formed at the end of December with the support of far-right parties and ultra-Orthodox Jewish formations.

Another highly contested provision of the reform modifies the process for appointing judges has already been adopted by the deputies in first reading.

This reform project also arouses criticism abroad.

US President Joe Biden notably called on the Israeli Prime Minister at the end of March to find a compromise.