Prime Minister Benjamin Netanyahu and his coalition partners on Wednesday were quick to reject President Isaac Herzog’s long-leaking proposal for largely agreed-upon judicial reform. Opposition leaders expressed their cautious approval of the framework as a basis for talks, while criticizing the government for so willingly rejecting what Herzog had presented as the last and best chance, allowing a catastrophic rift in the fabric of Israeli society avoid.
Herzog’s plan, put together after weeks of deliberations with numerous legal experts from across the political spectrum, sought to address critical aspects of relations between Israel’s branches of government, including the selection of judges and judicial review of Knesset legislation, and would also enshrine fundamental aspects Civil Rights in Israel’s Basic Laws.
The President said his framework should serve as a basis for legislation in the Knesset to move forward with broad support.
But any hope that the proposal could bring the coalition and opposition closer to a deal was quickly dashed as it was flatly rejected by top-right lawmakers within an hour of its debut
Before boarding a flight to Berlin, Netanyahu said: “The things the President is proposing have not been agreed upon by the coalition, and key elements of the proposal he has made only perpetuate the existing situation and fail to bring the necessary balance between the branches. ”
Cabinet Secretary Yossi Fuchs described Herzog’s proposal as a “unilateral” initiative that was not supported by anyone in the coalition.
Likud Transport Minister Miri Regev said the proposal appears to have been drafted by Chief Justice of the Supreme Court Esther Hayut.
“This framework offends the intelligence of the public. It takes a clear position, against the nation and against the sovereign,” she said.
Transport Minister Miri Regev speaks during a test drive on the new light rail line between Kiryat Yovel and Hadassah Ein Kerem in Jerusalem, January 16, 2023. (Yonatan Sindel/Flash90)
Likud MK Boaz Bismuth called it “the scaffolding of the opposition, not the president.”
Knesset Speaker Amir Ohana, also Likud, expressed his appreciation for Herzog’s efforts but said the draft “does not address the grievances in the relationship between the judiciary, the Knesset and the government.”
“We have a responsibility for democracy and the rule of the people,” he added. “The Knesset is the loyal representative of the will of the people and it decides. If possible, with broad approval, and if not – with a majority vote,” says Ohana.
MK Gideon Sa’ar attends a faction meeting of the National Unity Party at the Knesset, Israel’s parliament in Jerusalem, February 20, 2023. (Yonatan Sindel/Flash90)
National Unity’s Gideon Sa’ar, the former justice minister and member of the opposition, said the coalition’s outright rejection of the plan was “a testament to leadership failure and historical short-sightedness.”
“The President’s overall plan is comprehensive, balanced and fundamentally decent,” Sa’ar said. “Full responsibility rests on those who, in this fateful hour, miss the opportunity to prevent a grave division in the people.”
In a statement Wednesday night, faction leaders in Netanyahu’s 64-seat coalition also criticized Herzog’s offer as “one-sided, biased and unacceptable”.
Finance Minister Bezalel Smotrich, leader of the far-right Religious Zionism party, said he respects Herzog but dismissed the proposal as a concession to opponents of the overhaul.
“The people called the shots in the last election and that must be the starting point of any discussion,” he tweeted.
Religious Zionism party leader MK Bezalel Smotrich (right) with Otzma Yehudit party leader MK Itamar Ben Gvir in the Knesset, December 28, 2022. (Olivier Fitoussi/Flash90)
National Security Minister Itamar Ben Gvir of the far-right Otzma Yehudit party tweeted a two-word response to Herzog’s offer: “Reform now.”
The Kohelet Policy Forum, the institution that formulated the ideological underpinnings for the government’s radical judicial reform program, welcomed Herzog’s attempt at compromise but said the proposal itself avoids the problems the existing process seeks to solve.
“The outline presented by the President exacerbates the problems that the judicial reform is intended to solve, does not address others and breaks broad agreements that have already been reached,” the think tank said a day after its call for compromise. The organization pledged to continue working toward greater agreement on these issues.
The right-wing organization Movement for Governance and Democracy (Meshilut) — linked to MK Simcha Rothman, who is one of the architects of the coalition’s restructuring — condemned the proposal, saying that not only does it not offer a real compromise, but it worsens the existing situation.
“The coalition did well to reject this bad plan. A compromise should recognize the needs and desires of both sides, not just one side of the nation,” the organization added.
Even before Herzog spoke, a member of Netanyahu’s Likud party rejected his proposals.
“Your Honorable President, the framework of the people was set exactly four months ago,” tweeted Communications Minister Shlomo Karhi, referring to the recent general election. “We take care of this.”
Netanyahu had huddled with other coalition officials all afternoon to discuss Herzog’s offer. Channel 12 reported alleged behind-the-scenes talks and said Netanyahu did indeed consider accepting the president’s proposal, but Justice Minister Yariv Levin flatly rejected it and threatened to resign, prompting the prime minister to concede his position.
Levin is said to have been adamant that the coalition must control the appointment of judges, a centerpiece of the coalition’s fast-moving legislation and a position the Herzog framework does not support.
Levin has reportedly threatened to resign if legislation were even temporarily suspended to allow compromise talks.
Rothman, chairman of the Knesset’s Constitution, Law and Justice Committee, was “the most militant opponent in the room,” according to Channel 12 news.
The Likud disputed the accuracy of Channel 12’s report of the closed-door meetings.
Religious Zionism MK Simcha Rothman, chairman of the Knesset’s Committee on Constitution, Law and Justice, addresses Prime Minister Benjamin Netanyahu’s office in the Knesset March 15, 2023. (Oren Ben Hakoon/Flash90)
The TV report speculated that despite Likud objections, Herzog may have decided to put forward his proposals in the hope that they would garner widespread support from experts and the public, thereby prompting coalition and opposition politicians to compromise.
In a first such endorsement, Herzog’s plan was backed by Arnon Bar-David, head of the powerful Histadrut trade union federation, and Dov Amitai, head of Israel’s corporate organizations presidency, who met with the president earlier in the week to offer their support.
They called on the government to “stop the economic and social chaos and bring back hope” by starting negotiations based on the framework.
Bar-David warned earlier this week that his union would not “stand by” unless the government reached a compromise.
Prime Minister Benjamin Netanyahu (left) with Justice Minister Yariv Levin during a discussion and vote in the Knesset, Jerusalem, March 6, 2023. (Yonatan Sindel/Flash90)
Opposition leader Yair Lapid warned that the government’s proposed law would “tear Israel to pieces” and criticized it for not conforming to the president’s framework “with respect for his position, the seriousness with which it was written and approximates the values on which it is based”. .”
He said his response “shames the office of President, mocks the seriousness of the current situation and undermines the idea that we are one people.”
He added: “As long as the coalition continues with its extreme and destructive legislation, the threat to Israeli democracy remains and we will continue to fight for a Jewish, democratic, liberal and strong Israel.”
Opposition leader Yair Lapid, left, and National Unity Party leader Benny Gantz, right, at the Knesset in Jerusalem, February 20, 2023. (Yonatan Sindel/Flash90)
The opposition National Unity Party said it accepts “the President’s framework as a piece” and “as a basis for legislation, instead of the existing dangerous bill”.
Led by Benny Gantz, the party called on Netanyahu to take over the framework.
“We call on Netanyahu and all elements of the political system to act responsibly at this fateful hour, accept the draft and start promoting immediately.”
Praising Herzog, Yisrael Beytenu chief Avigdor Liberman said the proposal could serve as “a real basis for honest dialogue between the sides.”
“Once the coalition stops pushing the current legislation, we will enter into direct dialogue based on the framework presented,” he said.
Former Prime Minister Naftali Bennett urged the sides to accept the proposal “to prevent civil war.”
“There are no winners or losers here,” he said in a statement.
Organizers of national protests hailed Herzog’s “sincere efforts to prevent a split in the nation” while criticizing the coalition for rejecting calls to halt its push for the law.
“Tomorrow, hundreds of thousands of Israelis will march out for a day of ‘escalating resistance to the dictatorship,'” they said in a statement, referring to planned nationwide protests on Thursday. “Only the continuation of determined protest will stop the regime’s coup.”
Labor MK Naama Lazimi tweeted: “The frame of the people is in the streets every week. The framework of the people is the foundation of the country that was established as a democracy. The framework of the people is the reform that is needed here – a constitution.”