High Court orders Justice Minister to justify refusal to cooperate with Supreme Court chief

Israel’s High Court of Justice issued a conditional order on Thursday requiring Justice Minister Yariv Levin to explain why he has refused to cooperate with Supreme Court President Yitzhak Amit in making key judicial appointments. The ruling comes amid delays in filling critical court positions that critics say are increasingly paralysing Israel’s legal system.

The order was issued following a petition by the Zulat Institute for Equality and Human Rights, which argued that Levin’s refusal to work with Amit violates his duties as Justice Minister and obstructs the proper functioning of Israel’s judiciary. The case is being heard by a panel of three High Court justices — Ofer Grosskopf, Alex Stein, and Yechiel Kasher.

“The petition concerns two main issues: the Minister of Justice’s avoidance of cooperation with the Supreme Court President since he took office, and his refusal to exercise certain powers, including the appointment of court presidents, deputy presidents, and judges to the Parole Committee,” Justice Grosskopf said during the hearing. “The petitioners believe his conduct is unlawful.”

Levin has argued that he cannot cooperate because, in his view, Amit’s appointment as Supreme Court President is not legally finalised. The minister has claimed that the Prime Minister’s signature was missing from the appointment letter and that the formal procedures were not completed.

Attorney Hagai Kalai, representing the Zulat Institute, dismissed Levin’s argument as irrelevant. “The entire line of argument based on whether or not there is a president is irrelevant to the exercise of powers,” Kalai said. “There is no governmental vacuum. We see that the Minister of Justice, in some cases, does cooperate according to his own considerations.”

Justice Grosskopf noted that even if Levin’s refusal is framed as selective cooperation, it still undermines the functioning of the courts. “An acting position is qualified to fulfil the powers of the president,” he said. “Maybe it’s not a boycott but a selective choice to cooperate or not.”

The High Court order demands that Levin provide a written explanation for his actions by March 8. The justices stressed that the order is necessary to ensure the Supreme Court President can exercise his full powers and that appointments to all judicial positions proceed without further delay.

But Levin has signalled resistance to the court’s directive. Speaking at a conference in Jerusalem earlier this week, he said, “Anyone who thinks that things will go according to plan is mistaken. We will not give up, and we will continue to work to restore democracy and equality. We will wait and see. I do not want to announce in advance all the actions I intend to take.”

Under Israeli law, the Justice Minister chairs the Judicial Selection Committee and is responsible for convening it when judicial vacancies arise. According to the Attorney-General’s Office, roughly 44 judicial positions are currently vacant, with another 21 expected to open by the end of the year, bringing the total to around 65 — excluding new positions created under recent budgets. Without appointments, cases accumulate, hearings are delayed, and litigants wait longer for justice.

The government’s controversial judicial overhaul agenda includes giving the Knesset the ability to override certain High Court rulings, changing the way legal advisors are appointed to government ministries, and restricting the ability of judges to apply the legal principle of “reasonableness.”

The initiative was frozen with the formation of a unity government following Hamas’s October 7 attack. But the government has since resumed its efforts.

Supporters of the legal overhaul say they want to end years of judicial overreach, while opponents describe the proposals as anti-democratic.