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Smotrich said demanding Likud lay out contentious judicial reform in coalition deal

  • December 11, 2022

The Likud and far-right Religious Zionism parties have hit a disagreement over the wording of their coalition agreement, with Benjamin Netanyahu’s party proposing that controversial legal reform proposals are only vaguely worded in the deal, according to a report Saturday.

The Haaretz daily reported that Likud wants to stave off weeks of potential public criticism over contentious legislation before it is even formally proposed or passed.

The incoming coalition has vowed to pass a so-called override clause, enabling the Knesset to re-legislate laws struck down by the High Court of Justice with a minimal 61-strong majority in the 120-seat parliament, and also to give the governing coalition of the day control over the panel that selects justices.

Some allies of presumed incoming prime minister Benjamin Netanyahu have also floated legislation that could end his ongoing trial on corruption charges.

The report said Netanyahu’s Likud ideally wanted no laws to be specifically named or referred to in the deal with Religious Zionism, despite the fact that coalition talks between the two parties have involved widespread discussions on judicial reform, and Smotrich’s party had made it a key part of their platform ahead of last month’s elections.

However, Religious Zionism reportedly wants all the proposed laws clearly laid out in the agreement with Likud.

Unnamed political sources cited by the outlet said it appeared that Religious Zionism leader Bezalel Smotrich did not trust Netanyahu to stand by his word, and therefore wants all agreements clearly stated in the coalition deal between the two parties.

The current draft of the coalition agreement, the report said, contains mention of the override clause, but does not mention the number of MKs that would be required to activate it.

The proposed judicial changes — particularly the override clause — have been denounced by Netanyahu’s political rivals and prominent legal figures.

The Haaretz report said that there was also still disagreement between Likud and Haredi lawmakers on proposed changes to army conscription.

Netanyahu’s party has reportedly made it clear that while it would be willing to enact a new quasi-constitutional Basic Law that would designate the importance of religious studies, it would need to be alongside legislation that would contain conscription targets for the Haredi community, as well as sanctions if not met.

The report said the proposal was opposed by the Haredi parties.

On Thursday, United Torah Judaism’s Moshe Gafni said Israel should place the same emphasis on Torah study as it does on defense, becoming the latest senior figure in the likely incoming government to recommend the adoption of laws based on biblical strictures (Smotrich, the presumed finance minister in the next government, has suggested that the laws of the Torah will dictate Israel’s economic approach once he enters office.)

Gafni, who is currently pushing for legislation to formalize a blanket exemption from compulsory military duty for full-time yeshiva students, said yeshiva students can serve in the military, but only if they are replaced in the religious seminaries by those who would otherwise be going into the military.

“There can’t be a Jewish state with no corps of Torah students,” he told a conference in Tel Aviv.

“When there were bloody wars during the reign of King David, the prophet came to King David and said to him, ‘Half the people will study Torah and half will serve in the army, and they’ll switch,’” Gafni added.

The Knesset member proposed a similar arrangement for contemporary Israel.

The November election was the fifth time Israelis have gone to the polls since a Netanyahu-led government disbanded in late 2018, in part due to opposition from his ultra-Orthodox allies to proposed legislation anchoring some exemptions in law but eventually imposing quotas on yeshivas.

That proposal was formulated in response to a 2017 High Court of Justice ruling striking down a previous law that had granted wider exemptions.

Netanyahu and his Haredi and far-right partners won a majority of Knesset seats in the November 1 elections. Netanyahu has been working since then to cobble together a new government and on Friday was granted another 10 days to finalize his coalition, giving him until December 21.

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