The Supreme Court ordered Minister of Justice Yariv Levin on Sunday to convene the Judicial Selection Committee and allow a vote that would lead to the appointment of a permanent Supreme Court President.
The position has not been filled for nearly a year and since the resignation of former Supreme Court President Esther Hayut, Justice Uzi Fogelman has been serving as acting president.
Levin, who also serves as the chairman of the Judicial Selection Committee, has refused to convene it since he does not want to allow the continuation of the seniority system and the selection of Justice Yitzhak Amit as Supreme Court President.
The ruling, which was passed by a panel of three justices: Yael Willner, Ofer Grosskopf, and Alex Stein, states that Minister Levin's policy not to convene the committee until a consensus regarding the President's identity is reached is inconsistent with the law's provisions and purpose.
Levin commented on the ruling: "The order given a short time ago, which is like no other in any Western democracy, did not surprise anyone. The order, which is clearly against the law, and was passed in severe conflict of interest, constitutes a forceful takeover of the Judicial Selection Committee and removing the authority of the minister in violation of the law. The order is a direct continuation of the unacceptable manner of appointments in the judicial system, as we saw with the appointment of the attorney general. Exactly for that reason, I worked from when the government was formed to change the situation. With the outbreak of the war, I decided to stop the legislation and deal with issues in the consensus. But instead of embracing this decision, it was cynically taken advantage of by the judges to invalidate a basic law and to get involved in defense issues while caring for the terrorists' conditions.
"The fair compromise that I offered to carry out appointments in the Supreme Court was rejected with contempt by the heads of the judicial system minutes after it was offered. Since as far as they're concerned, why compromise if you can take control of the appointment process with force, even at the cost of a constitutional crisis? The order that was issued today is not aimed at me personally. This is a slap in the face of this coalition's 2.5 million voters and many others who demand a diverse judicial system. The order throws our voices in the trash, turns us into second-class citizens, and leaves our arms, which are outstretched for a compromise, hanging. A Supreme Court President who is appointed forcefully and illegitimately sends trust in the courts to an even lower abyss. I will not be able to work with a president who is appointed illegally by their friends and is illegitimate in the eyes of the public. The irresponsible order tramples on democracy and the path of agreements that has been paved in recent months, and sends Israel backward," Levin added.