The Levin-Sa’ar Plan is a euphemism for a bill at the heart of the regime revolution, aimed at changing the composition of the Judicial Selection Committee. It is designed to ensure political control over the judiciary, causing severe harm to its independence and to the balance of power between the branches of government.

Unlike the legislative initiatives promoted in early 2023, which focused on granting the government an absolute political majority in the Judicial Selection Committee, this bill centers on politicizing the committee’s judge selection process. As explained below, the results would be just as destructive, delivering a fatal blow to the fundamental principles of Israel’s democratic regime: the separation of powers, the rule of law and judicial independence, the protection and promotion of human rights, particularly the right to due process and equality, free and fair elections, and the right to vote and be elected.

First and foremost, the bill will politicize the Judicial Selection Committee. Instead of preserving the committee’s current composition, it proposes transferring control over it to political actors:

• Two attorneys would replace the representatives of the Israel Bar Association, one appointed by the coalition and the other by the opposition.
• A five-member majority (representing both sides of the political spectrum) would be required to approve appointments.
• In case of disagreement over appointments to the Supreme Court, an alternative solution would require each side to select candidates for the other side.

Thus, it is feared that the judicial system would become a tool in the hands of politicians and would cease protecting the rights of citizens. Political appointments might lead to a loss of trust in the judiciary, and judges selected on the basis of political considerations might be suspected of making biased decisions. Moreover, the politicization of the judiciary could undermine public confidence in judges appointed both by the coalition and the opposition, as rulings could be influenced by political rather than legal considerations.

In addition, the bill almost completely does away with the possibility of judicial review of Basic Laws, except in rare cases and with a very high majority of Supreme Court justices. As a result, laws of a personal or restrictive nature could be enacted without significant opposition, harming human rights and equality. Furthermore, there is concern that politically appointed judges would lead to corruption and protection of the personal interests of elected officials, instead of ensuring a fair judicial process for Israeli citizens.

The bill could lead to the elimination of the principle of separation of powers and a transition to a one-party regime, where the government would have absolute control over all state institutions. In the absence of an independent judiciary, it would be easier for the regime to restrict basic freedoms, harm opposition parties, and infringe on freedom of choice.

Zulat calls on the opposition to reject the proposed bill outright and not to cooperate with the government in this process, given that such cooperation would be interpreted as consent to the transition to an authoritarian regime and advance Israel’s transformation into a camouflaged dictatorship.

Zulat emphasizes that preserving the independence of the judiciary is a national and cross-party interest, essential for the protection of individual freedoms and democracy. The opposition and the public must take firm action to stop the implementation of this scheme and prevent the collapse of Israeli democracy.

Zulat takes a clear and unequivocal stance against the implementation of the Levin-Sa’ar plan and warns of the significant dangers it poses to Israeli society and the entire democratic system.