Israel’s controversial legal reform plan: what are the proposals?

Israelis launched nationwide protests Tuesday after the latest legislative move on the government’s controversial judicial reform package.

Demonstrators took to the streets hours after parliament backed in a first reading a key element of the legal overhaul.

Tabled in January by the government of Prime Minister Benjamin Netanyahu, the measures immediately sparked mass protests which regularly draw tens of thousands.

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Opponents argue the reform package threatens democracy, while the government says the changes are necessary to rebalance powers between elected officials and the judiciary.

Here are the main elements of the legislation presented by Justice Minister Yariv Levin:

‘Reasonability’

Parliament voted overnight Monday-Tuesday on the so-called “reasonability” clause, which will be put through second and third readings at a later stage.

Critics of Israel’s top court, notably on the right, point to this clause as among the most grave examples of judicial overreach.

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In a recent high-profile decision to prohibit a Netanyahu ally from serving in the cabinet, some Supreme Court judges said it would not be “reasonable” for Aryeh Deri to join the government given a previous tax evasion conviction.

Netanyahu was forced to fire Deri, even if there was no law that directly barred him from serving, but the premier criticised judges for overruling the will of voters.

Naming Israel judges

Netanyahu’s coalition also wants to change the system through which judges are appointed, giving the government a de facto majority in the nomination process.

Currently, top jurists are chosen by a panel overseen by the justice minister that includes judges, lawmakers and lawyers representing the Israeli Bar Association.

Under the government’s plan and other proposed compromises the bar association members would be removed from the process.

An amended version of Levin’s proposal, endorsed by lawmakers in late March, would put more deputies and members of the judiciary in the judicial appointments panel than the initial text, while maintaining the coalition’s majority.

The proposal awaits final votes by the full chamber.

A separate piece of legislation would change the way the Supreme Court’s president is selected, giving the government a greater say on the appointment.

Opponents have accused Netanyahu, who is on trial on corruption charge he denies, of trying to use the reforms to quash possible judgements against him. The prime minister has rejected the accusation.

Legal advisers

Levin’s proposal also envisages curbing the authority of legal advisers attached to government ministries.

Currently, their guidance has quasi-legal force, as Supreme Court judges cite it when ruling on the propriety of government actions, but the proposal would change that and make their advice non-binding.

While lawmakers have yet to vote on the bill, in March they adopted legislation condemned by critics as another move to diminish the authority of civil servants.

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Parliament voted to strictly limit the grounds for declaring a premier unfit for office, which the opposition called a “personal law” to protect Netanyahu.

Israel’s Attorney General Gali Baharav-Miara said in March that Netanyahu’s actions on the judicial reform may place him in conflict of interests due to his ongoing trial.

Israel legal reform plan: Override clause

Critics of Israel’s top court argue judges have exceeded their authority by claiming the right to strike down legislation.

In response, the Netanyahu government wanted to implement a clause which would allow parliament to override Supreme Court rulings.

It passed a first vote in parliament on March 14, but has not completed the legislative process to become law.

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Netanyahu last month told the Wall Street Journal he had scrapped the override clause from the reform package.

Other proposed measures would bar the court from striking down any amendments to the so-called Basic Laws, Israel’s quasi-constitution, and require a unanimous decision by all judges to invalidate other pieces of legislation.

Opponents have warned these measures would give the legislative branch nearly unchecked authority.