File photo: Israeli Prime Minister Benjamin Netanyahu addresses a joint press conference with the German Chancellor following talks at the Chancellery in Berlin on March 16, 2023. AFP
The request by the Movement for Quality Government in Israel intensifies a brewing showdown between Netanyahu's government and the judiciary, which it is trying to overhaul in a contentious plan that has sparked widespread opposition. Tens of thousands of protesters have taken to the streets, military and business leaders have spoken out against it and leading allies of Israel have voiced concerns.
Netanyahu's government is pushing ahead for a parliamentary vote this week on a centerpiece of the overhaul — a law that would give the governing coalition the final say over all judicial appointments.
Defense Minister Yoav Gallant, a senior member of Netanyahu's Likud party, became the first to break ranks late Saturday by calling for the legislation to be frozen. Gallant cited the turmoil in the ranks of the military over the plan. But it was unclear whether others would follow him.
On Sunday, the Movement for Quality Government in Israel, a fierce opponent of the overhaul, asked the court to force Netanyahu to obey the law and sanction him either with a fine or prison time for not doing so. It said he was not above the law.
“A prime minister who doesn’t obey the court and the provisions of the law is privileged and an anarchist,” said Eliad Shraga, the head of the group, echoing language used by Netanyahu and his allies against protesters opposed to the overhaul. “The prime minister will be forced to bow his head before the law and comply with the provisions of the law.”
Netanyahu is barred by the country’s attorney general from directly dealing with his government’s plan to overhaul the judiciary, based on a conflict of interest agreement he is bound to, and which the Supreme Court acknowledged in a ruling over Netanyahu’s fitness to serve while on trial for corruption. Instead, Justice Minister Yariv Levin, a close confidant of Netanyahu, is spearheading the overhaul.
But on Thursday, after parliament passed a law making it harder to remove a sitting prime minister, Netanyahu said he was unshackled from the attorney general's decision and vowed to wade into the crisis and “mend the rift” in the nation. That declaration prompted the attorney general, Gali Baharav-Miara, to warn that Netanyahu was breaking his conflict of interest agreement by entering the fray.
The fast-paced legal and political developments have catapulted Israel into uncharted territory and toward a burgeoning constitutional crisis, said Guy Lurie, a research fellow at the Israel Democracy Institute, a Jerusalem think tank.
“We are at the start of a constitutional crisis in the sense that there is a disagreement over the source of authority and legitimacy of different governing bodies,” he said.
If Netanyahu continues to intervene in the overhaul, Baharav-Miara could launch an investigation into whether he violated the conflict of interest agreement, which could lead to additional charges against him, Lurie said. He added that the uncertainty of the events made him unsure of how they were likely to unfold.
It is also unclear how the court, which is at the center of the divide surrounding the overhaul, will treat the request to sanction Netanyahu. The Movement for Quality Government said the court had given Netanyahu and the attorney general a week to respond.
Netanyahu is on trial for charges of fraud, breach of trust and accepting bribes in three separate affairs involving wealthy associates and powerful media moguls. He denies wrongdoing and dismisses critics who say he will try to seek an escape route from the charges through the legal overhaul.
The overhaul will give the government control over who becomes a judge and limit judicial review over government decisions and legislation. Netanyahu and his allies say the plan will restore a balance between the judicial and executive branches and rein in what they see as an interventionist court with liberal sympathies.
Critics say the plan upends Israel's fragile system of checks and balances and pushes Israel down a path toward autocracy.