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High Court Forces Justice Minister to Act: Supreme Court President Selection Must Proceed Now

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The High Court of Justice has ordered Justice Minister Yariv Levin to convene the Committee for the Selection of Judges to elect a new President for the Supreme Court, emphasizing the urgency of filling the vacancy and maintaining judicial independence amid political tensions.

High Court Orders Minister Levin to Convene Committee for Supreme Court President Selection

In a significant ruling, the High Court of Justice has mandated that Justice Minister Yariv Levin must convene the Committee for the Selection of Judges to elect a new President for the Supreme Court. This ruling comes in light of the ongoing vacancy in the presidency, which has persisted since October 2023, following the retirement of Supreme Court President A. Hayut and Judge E. Baron. The court emphasized that the list of candidates must be published within 14 days, and the committee should meet shortly thereafter to proceed with the election.

The court's decision is a direct response to Minister Levin's prolonged refusal to convene the committee, which has been a source of contention. The judges ruled that while the minister has discretion regarding the timing of the committee's meetings, his policy of seeking a broad consensus before appointing a president is contrary to the law. Judge Wilner, who authored the ruling, highlighted the importance of ensuring a permanent president is appointed to maintain the functionality of the judiciary and the legal system in Israel.

Compromise Proposal Rejected by Supreme Court President

In an attempt to resolve the ongoing deadlock, Minister Levin proposed a compromise wherein Judge Yosef Elron would serve as President of the Supreme Court for one year until his retirement. This proposal included appointing three additional judges based on recommendations from various committee members. However, Supreme Court President Uzi Fogelman rejected this proposal, asserting that it undermines the seniority system designed to protect judicial independence and prevent political interference.

The High Court's ruling and Levin's rejected proposal underscore the delicate balance between judicial independence and political influence in Israel's legal system. With the court urging immediate action, the pressure is now on Minister Levin to comply and facilitate the selection of a new Supreme Court president.

  • The High Court's ruling is particularly significant given the current political climate in Israel, where judicial appointments have become a contentious issue. The absence of a permanent president has raised concerns about the effective functioning of the Supreme Court, which plays a crucial role in upholding the rule of law and protecting civil rights. The court's insistence on a timely selection process reflects its commitment to maintaining judicial integrity amidst political pressures. Furthermore, the rejection of Levin's compromise proposal highlights the ongoing tensions between the judiciary and the executive branch. The seniority system, which has traditionally governed judicial appointments, is seen as a safeguard against politicization, ensuring that judges are appointed based on merit rather than political affiliations. This ruling may set a precedent for future appointments and the relationship between the judiciary and the government.
Clam Reports
Refs: | WALLA | Israel Hayom |

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