Drafts of agreements from the negotiations at the President's Residence over the judicial reforms were revealed this evening (Tuesday). Under the draft agreements, the coalition would agree to allow the opposition to have a representative on the committee for the appointment of judges and that no further judicial legislation would be pushed during this Knesset session.
Kan News reported that with regard to the legal advisers to the government ministries, the advisers would serve for up to six years and could be appointed from outside the civil service.
In addition, a minister will have the authority to dismiss a legal adviser, with the approval of a committee that will include representatives of the director general of the ministry in question and the attorney general. A minister can also "appeal" to the attorney general about the position of the legal adviser to his ministry; The government and its representatives will be entitled to receive separate legal representation, if the attorney general chooses not to represent them in court.
The reasonableness standard will not apply to the government's decisions on matters of policy or to the appointment of officials to government positions.
The National Unity party denied the leaked draft agreements and stated: "Unfortunately, there is no progress towards agreements and false reports."
The current government pushed for substantial judicial reform upon taking office in December, sparking massive anti-government protests which have continued for months.
Supporters of the judicial reforms believe that the Supreme Court and unelected officials such as the attorney general and legal advisers have assumed anti-democratic powers since the constitutional revolution of former Supreme Court President Aharon Barak in the 1990s. The Supreme Court has had the power to largely choose its own justices, unlike the system in the United States where the President nominates and the Senate confirms new appointments to the court. In addition, the positions of the attorney general and legal advisers are considered legally binding and the attorney general serves for six-year terms regardless of any change in the government, unlike in the US where the attorney general is appointed by each president.
Opponents of the judicial reforms claim that the reforms would cripple the courts and lead to unchecked majority rule with no respect for the rights of minorities.
Prime Minister Benjamin Netanyahu announced during the previous Knesset session that the efforts to pass the reforms would be suspended to allow for negotiations with the opposition on a version of the reforms which would enjoy broad support.