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פורום המרצות והמרצים למשפטים למען הדמוקרטיה

منتدى محاضري القانون من أجل الديمقراطية

The Israeli Law Professors’ Forum for Democracy

פורום המרצות והמרצים למשפטים למען הדמוקרטיה

منتدى محاضري القانون من أجل الديمقراطية

The Israeli Law Professors’ Forum for Democracy

Position Paper No. 32: Response to the Proposal to allow the Coalition to Appoint Judges

The Government decided today to defer enactment of parts of its planned legal “reform” and to push forward only a so-called “softened” proposal to change the composition and procedure of the Judicial Appointments Committee.

This, in fact, a plan to seize control of the Supreme Court by appointing its next President and two of its judges. This proposal is neither a compromise nor a weakened version of any previous proposal. Taking over of the Supreme Court will destroy its independence and turn it into a captive court. This is the most important part of the Coalition’s original plan and once obtained they will be unstoppable.

· The proposal authorizes blatant political appointment of judges and of the President of the Supreme Court who will serve on behalf of the coalition. This in itself is sufficient to overthrow the independence of the Court.

· Control over appointment of the President of the Court will guarantee the coalition unlimited control over appointment of District Court and Magistrates’ Court judges who will serve the collation, above and beyond the two appointments to the Supreme Court assigned by the proposal to the coalition.

· The President of the Supreme Court plays a crucial role in administering the court system. Control of the President guarantees control of the system.

· The Coalition can also paralyze the Appointments’ Committee by not convening it if there is no majority for judges the Coalition wishes to appoint to the Supreme Court. The Opposition and the judges have no parallel power in the committee.

· The goal of the proposed takeover of the Supreme Court is to overcome the first obstacle in the way of adopting the entire “reform” proposal, since it is designed to guarantee that the next stages will not be struck down by the Court.

· The “domino program” is designed to pull the wool over our eyes. But taking over the committee is simply the domino tile, that guarantees the next steps of the regime change.

· Similar strategies have been adopted in other countries. This proposal adopts “the Polish protocol” –ensuring control of the Court first, in order to facilitate all other stages of the plan.

· This is no way to form a Constitution. Changes in constitutional structures that will affect us all for generations can be made only on the basis of open discussion and broad consensus. Our democracy is not up for grabs; it cannot be usurped moments before Passover, the Festival of Freedom.

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