Netanyahu reportedly in talks to compromise on judicial overhaul
Israeli Prime Minister Benjamin Netanyahu arrives for a briefing near the Salem military post in the occupied West Bank on July 4, 2023. Photo by Shir Torem/POOL/AFP via Getty Images
This article originally appeared on Haaretz, and was reprinted here with permission. Sign up here to get Haaretz’s free Daily Brief newsletter delivered to your inbox.
Representatives from Benjamin Netanyahu’s Likud party and Benny Gantz’s National Unity party have been holding advanced negotiations regarding a possible compromise on the judicial overhaul.
President Isaac Herzog has been involved indirectly, and his office has confirmed the reports. Likud officials have denied any agreement has been reached.
According to sources, familiar with the details of the potential compromise, both sides will agree to an 18-month freeze of all judicial overhaul-related legislation; a change to law passed earlier this summer which revoked the reasonableness standard; and keeping the Judicial Appointments Committee in its current format.
However, a majority of seven out of nine members of the committee will be required to approve a judge’s nomination, including high ranking judicial appointments such as Supreme Court President. This change will benefit the ruling coalition, since it will be able to veto nominations.
Sources say the details of the proposal were presented to Gantz over the past 24 hours, and sources in the President’s Residence say that Netanyahu has shown a willingness to compromise.
Senior opposition leaders have expressed concern that these compromise talks are a political ploy by Netanyahu, with the purpose of postponing the Supreme Court’s hearing on the reasonableness standard. The Netanyahu government revoked the standard earlier in the summer.
One of the officials says they are mainly concerned Netanyahu would claim in court that the hearing should be postponed to allow for compromise talks to reach an agreement. Postponing the hearing even by a few weeks could have a significant impact on the court’s decision, since Supreme Court President Esther Hayut is expected to retire in October.
The negotiations between the coalition and opposition have continued outside the official negotiations brokered by President Herzog over the past few months. The President’s office said that Herzog “has made great effort over the past few weeks to avoid a constitutional crisis and find a solution that would safeguard Israeli democracy and unity. Part of that effort involves the President speaking with coalition and opposition heads, with the goal of achieving a dialogue that would yield broad consensus.” The statement goes on to clarify that “no agreement has been reached yet.”
MK Avigdor Lieberman, a member of the opposition, responded to the reports on X, formerly known as Twitter. “I admire and appreciate the President and his efforts to find a solution to keep the Israeli nation unified. However, Netanyahu is once again deceiving everyone and trying to buy time and legitimacy,” he wrote.
National Security Minister Itamar Ben-Gvir tweeted that “Otzma Yehudit’s [Ben-Gvir’s party] six votes will go against any capitulation that is brought to a vote.”
High court postpones crucial hearing
The High Court of Justice was originally scheduled to hear petitions on Thursday from the Yesh Atid party and the Movement for Quality Government to order Levin to convene the Judicial Appointments Committee.
In tandem, Israeli Attorney General Gali Baharav-Miara informed the High Court Monday that “the duty for Justice Minister Yariv Levin to convene the Judicial Appointments Committee has already become imperative.”
Despite the AG’s position on the matter, the hearing scheduled for Thursday on the matter was postponed to September 19, per Levin’s request.
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