Judicial reform reasonableness bill passed committee vote in first reading

The judicial reform reasonableness standard bill was passed in a Constitution, Law and Justice Committee vote on Tuesday, and will be sent to the Knesset plenum for first reading. 

The bill passed nine to four, in a vote that was delayed and drowned out by opposition Knesset members loudly protesting their objections. The MKs said that not all the invited experts and legal advisers had given their statements. Some MKs were not present for the vote after having been ejected for interference.

Finance Minister Bezalel Smotrich praised Law Committee chairman Simcha Rothman for his work to advance the bill, saying that it was important for democracy. Currently, he said that there were double standards in the enforcement of law depending on political orientation.

"What is happening with the rule of law in Israel is the furthest thing from democracy," said Smotrich, who continued giving a speech to the committee as some members and experts left.

The legislation would prevent the application of the reasonableness standard in court judgments and acceptance of appeals on the administrative decisions of elected officials. 

The reasonableness standard is a common law principle in which the court can engage in judicial review of government administrative actions that are deemed beyond the scope of a reasonable and responsible authority.

Coalition members argued at the committee session on Tuesday that the standard is too subjective, and because it can allow the court to subvert government authority it is contrary to rule of law. Rothman argued that elected officials have been chosen by the citizenry to make decisions on matters great and small, and it was not for judges to decide questions of values.

Labor MK Gilad Kariv and Yesh Atid MK Yoav Segalovitz argued that without the bill to check administrative decisions, political corruption would be allowed to flourish. 

Prof. Yoav Dotan said that there were issues differentiating decisions at the political and administrative level and that in practice these distinctions will not be made. 

"The proposal is extremely problematic because you can easily classify any decision for a license for communication equipment, a visa to enter Israel, or an outline plan as a political level decision, even though it is not," said Dotan. 

"You are permitting legal corruption," said Segalovitz. Kariv called the legislation a "corruption bill."

Rothman reiterated that the restriction of reasonableness had been in the past supported by politicians such as opposition leader Yari Lapid and National Unity MK Gideon Sa'ar.

A "corruption bill"

Labor MK Gilad Kariv and Yesh Atid MK Yoav Segalovitz argued that without the bill to check administrative decisions, political corruption would be allowed to flourish.  

"You are permitting legal corruption," said Segalovitz. Kariv called the legislation a "corruption bill." 

Deputy Attorney-General Dr. Gil Limon reiterated that the Attorney-General's position was that reasonableness was an important standard in the Israeli legal system. He said that canceling the reasonableness standard would remove an important tool for the review of arbitrary and extremely unreasonable decisions by the government. This would consequently harm law enforcement and other agencies, which could see unreasonable appointments to key positions based on political trust and association. 

Prof. Yoav Dotan said that there were issues with the application of reasonableness and differentiating between decisions at the political and administrative level, and that in practice these distinctions will not be made. 

"The proposal is extremely problematic because you can easily classify any decision for a license for communication equipment, a visa to enter Israel, or an outline plan as a political level decision, even though it is not," said Dotan, who has also been critical of the wider use of the reasonableness standard by the courts.

Opposition and coalition clash during committee meeting 

Opposition and coalition members continued to clash in the committee over the protests and military operation that unfolded during the week. 

Likud MK Moshe Saada said that the opposition didn't care about the price that anti-reform protests had for the average citizen, or that people were breaking the law in these demonstrations. 

"Protest is needed and legitimate, but disruptions are forbidden," said Saada. "Not in Huwara and not in Ben Gurion."

Kariv attacked Rothman by asserting that his moral compass was spinning out of control since he was continuing with legislation while IDF soldiers were fighting in Jenin in a military operation. Kariv and other opposition MKs had repeatedly called for a delay in reform legislation until the end of the operation.

Ta'al MK Ahmad Tibi said that his faction was against the bill, but said that one couldn't protest the "dictatorship in Tel Aviv and not object to the "dictatorial attacks" on Jenin. 

Tensions were high in the committee, with personal attacks and interjections. Opposition members attacked Rothman as operating on behalf of the Kohelet Forum, an NGO that has advocated for many of the principles espoused in the reform provisions. Segalovitz, Kariv and other MKs were ejected from the bitter session at different points.