Israel's government today appeared set to freeze controversial reforms to the judicial appointment system and the role of the Supreme Court in the face of unprecedented domestic opposition. The proposed measures, introduced in January by the administration of prime minister Benjamin Netanyahu, have attracted widespread international criticism, including from the International Bar Association.
According to local media reports, the government is to suspend the judicial reform legislation following an intervention by president Isaac Herzog as a general strike brought the country to a standstill.
Today's developments follow months of controversy over the proposals, both nationally and internationally. In a statement last week, the president of the International Bar Association, Almudena Arpón de Mendívil Aldama , said that the proposed reforms would seriously undermine the independence of the judiciary. 'Israel has been recognised as a substantial upholder of the rule of law with a senior judiciary which is much admired globally,’ she said. 'These changes will wholly undermine that proud position.’
According to the IBA statement, the proposed reforms would have the effect of dismantling checks on the executive through the independent judiciary and the independent legal opinions of the attorney general and of the legal advisers to government ministries. 'These reforms will curb legitimate oversight of the actions of government and the Knesset, leaving the executive free to use its power in a potentially arbitrary and discriminatory manner, ' it stated.
The IBA also expressed concerns at a proposal to strip the Israeli Bar Association of its function of licensing of lawyers and to place the regulation of the profession within the Ministry of Justice. 'It is essential... that access to the legal profession remains anchored on purely professional assessments and disciplinary proceedings against lawyers are brought before impartial committees of the appropriate lawyers’ associations, in accordance with the UN Basic Principles on the Role of Lawyers,' the IBA said.
Arpón de Mendívil concluded that: 'While every system can at times benefit from reforms, the [Israeli government’s] proposals are deeply alarming as they all move in the same direction, stripping Israeli institutions of their ability to constrain executive power. The IBA therefore, urgently calls for the Israeli authorities to abandon the proposed reforms and to reaffirm Israel’s clear commitment to the rule of law.'
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