In a political system as volatile and unpredictable as Israel's, lacking a Constitution, a bill of fundamental rights, or a second chamber, the Supreme Court assumed the role of handbrake in the face of government excesses. “I am tremendously concerned. With some politicians who tend to prioritize their interests, I always had blind faith in the judges, ”Arieh Golan started in his popular radio magazine. The new Minister of Justice, Yariv Levin (Likud), announced on Wednesday a controversial package of measures that foresee drastically reducing the powers of the legal and judicial system, in what many consider the most drastic change ever made in Israeli government institutions.
The authority of the Supreme Court will be limited, whose rulings may be overturned by parliamentary majorities; the Government will have full control of the judge selection committee; The powers of the Government's legal advisers, who will be chosen by the ministers themselves, will be limited, and justice will not be able to deliberate on the "basic laws", norms that exercise informal constitution and that can be modified or annulled by simple majority.
For the opposition, it is a "political coup", which will assimilate the Hebrew system with the authoritarianism in force in Hungary or Turkey. The current coalition, considered the most right-wing in history, enjoys a comfortable majority of 64 deputies (out of 120) to apply its plans.
"The excessive intervention of the courts in the Knesset legislation caused public mistrust in the judicial system, in addition to damaging governance and democracy," Levin argued in his appearance. Beniamin Netanyahu, the great beneficiary of the move, did not appear in the photo. His coalition now intends to promote a law to eliminate from the criminal code the offense of fraud and breach of trust for which he is accused in the three legal cases he is facing. "We are going to vote, and people we did not choose end up deciding for us," protested the Minister of Justice.
The objective is to obtain judicial immunity for Bibi, which would allow her to remain in power without worrying about her trials. In successive electoral campaigns – five in three years – the Likud alleged that the judiciary, the police and the press orchestrated a witch hunt to bring down Netanyahu. “When the reforms are implemented, the powerful will not need to step down and there will be no power to stand up to them,” warned David Horowitz, editor of the Times of Israel newspaper.
According to Levin, the measures are intended to "balance the three branches of governance," but opponents and activists see a deadly danger to the balance of powers. The measures adopted by the Government may only be appealed by unanimous decision of the 15 Supreme Court judges. By controlling the appointment of parliamentary legal advisers, ministers will have a free hand to implement their policies.
“It is not a legal reform, it is a letter of intimidation. They threaten to destroy the constitutional structure of the state of Israel," exclaimed opposition leader Yair Lapid, who vowed to fight this "madness." “They have acted like a gang of criminals. The day before the High Court debate on the Deri case, the government planted a loaded gun on the table,” he added.
The Minister of Justice outlined his plan the night before the Supreme Court debated the appeal on the legality of the appointment of Aryeh Deri, leader of the ultra-orthodox Sephardic Shas party. Indicted for tax fraud, he has been appointed by Netanyahu as the new interior minister. Last year, he agreed to a stay of his sentence in exchange for his permanent retirement from public life. According to Levin, the package of measures is not intended to validate Deri's appointment or benefit Netanyahu in his corruption trials.
Bibi's far-right associates have given their blessing to the "reset of the judicial system." Betzalel Smotrich, leader of Religious Zionism, considered: “This was what was voted for in the elections. We will restore people's trust in justice, and we will strengthen Israel as a Jewish and democratic state."
The presence of supremacists in the coalition suggests to some that only the Jewish character of the nation will be preserved. "We are facing a religious insurrection," said lawyer Yair Nahuri, present at a rally in front of the court where the Deri case was being debated. “Their aim is to impose the Torah as the basic law of the state, under the impulse of messianics who hate the Supreme Court, because it prevents them from advancing their dream of imposing Greater Israel (with the annexed West Bank),” he added.
In the country that claims to be the only democracy in the Middle East, the radicals enjoy unprecedented influence over the defense apparatus or the fate of the judiciary. It is the price that Netanyahu pays, which requires his loyalty to shield himself in power.
