High Court says both sides need to compromise on appointment of Supreme Court president
Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter
The High Court of Justice instructs Justice Minister Levin and petitioners against his refusal to appoint a new Supreme Court president to enter into dialogue in order to find a breakthrough for the current, unprecedented impasse in which there has been no permanent court president for the last nine months.
Justice Yael Wilner says that a compromise process is necessary due to “the complexity and sensitivity of the issue.”
The court instructs Levin to update it on the progress of this dialogue by August 8.
“Sometimes a bad compromise is better than a good ruling, and this is the situation,” quips Justice Alex Stein after the decision read out in court.
Levin has refused to appoint a replacement for former president Esther Hayut, who retired in October, insisting that such an appointment needs unanimity on the Judicial Selection Committee, which he chairs, at a time of war. Even prior to the war, however, Levin eschewed the traditional method of appointing the most senior justice on the court as president in order to appoint a conservative candidate.
The petitioners argue that Levin has no authority to refrain from calling a vote on a new president, and that the 1981 Interpretation Law requires those holding statutory authority to exercise that authority “with appropriate speed.”