The fifteen judges of the Israeli Supreme Court, meeting for the first time in plenum, began to examine, on Tuesday September 12, the legality of the first part of the justice reform, voted on in Parliament in July. If they censor it, the country would find itself on the verge of a constitutional crisis, which threatens to bring the authority of the judicial institution into direct opposition to that of elected officials.
This is the first time that the judges have spoken out, in this standoff that began in January. The ruling coalition led by Benjamin Netanyahu, which gives pride of place to Jewish fundamentalists and settlers from the occupied West Bank, is trying to curb the prerogatives of magistrates. Faced with their ambitions, the opposition erects the highest judicial authority in the country, long a simple chamber for recording the decisions of the executive and the army, as the last bastion of the rule of law, supposed to guarantee order. democratic and protect minorities.
The text voted on in July deprives these judges of part of their ability to evaluate the legality of laws, political decisions of the government and its appointments, by prohibiting them from evaluating them. “unreasonable”. The coalition thus intends to restore the “sovereignty of the people” and its elected officials.
Resumption of political negotiations
Monday evening, the opposition waited in vain for a compromise offer from Prime Minister Benjamin Netanyahu. Since July, the Prime Minister has blown hot and cold, weaving and procrastinating in the face of street demonstrations of historic scale, and in the face of warnings from the business community, and from almost all former leaders. of army staff and heads of intelligence services.
Mr. Netanyahu ignored his country’s media and increased his interviews with the American press, which was less aware of his reform. Faced with it, he refused to say whether he would comply with the judgment of the Supreme Court in the event that it rejected his text. He just hoped the judges wouldn’t go that far. Three ministers, including defense minister Yoav Galant, have indicated in recent days that they would respect the Court’s decision, whatever it may be.
Mr. Netanyahu also resumed negotiations with part of the opposition, under the auspices of President Isaac Herzog. A first draft compromise, negotiated with the leader of the first opposition party, Benny Gantz (center right), ended up leaking to the Israeli press last week. Mr. Netanyahu seemed to offer everything his adversaries want: a complete withdrawal. It offered a softening of the text voted in July and a pause of more than a year for the other aspects of the reform, in order to allow a consensus to emerge.
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