The Movement for Quality Government in Israel: “This is a historic decision that will strengthen democracy; the Supreme Court has strengthened the status of the public petitioner, preferring judicial discretion in each case over a blanket rule regarding the rejection of petitions on the same issue, while leaving the Supreme Court’s door wide open for anyone affected by government overreach or arbitrariness”
Today, 1 January
2025 the Supreme Court made a dramatic decision on the annulment of the “Caspi ruling”, which limited the possibility of submitting parallel petitions on public issues. The decision was made by an expanded panel of seven judges, led by former president Justice Uzi Fogelman, as part of an additional hearing that took place on the petition of the Movement for Quality Government in Israel.
In a precedent-setting ruling, the court stated that the possibility of submitting parallel petitions should not be comprehensively limited, and that the decision on how to handle multiple petitions on the same issue should be left to the discretion of the judge sitting in court. The decision cancels the situation created in 2021, when the “Caspi ruling” was established that required petitioners to join an existing petition instead of submitting an independent petition.
The court emphasized in its ruling that a sweeping application of the rule prohibiting the submission of parallel petitions could harm the right of access to the courts, create a “race to the bottom” in the submission of petitions and lead to damage to the quality of the arguments brought before the court. The judges noted that there are other deliberative tools that make it possible to deal with multiple petitions, such as consolidating hearings or delaying the hearing on a late petition.
The decision is a significant victory for the Movement for Quality Government in Israel, which has been fighting to repeal the law since its petition regarding investigation of the “Iron Swords” war was rejected outright in February 2024. As part of the additional discussion, the Movement’s position was also joined by various government officials, who argued that “the rule set forth in the Caspi ruling” created awkwardness and unnecessary burdens on legal proceedings.
The court’s decision is expected to dramatically affect the possibility of public organizations and citizens to bring important issues before the Supreme Court, and strengthen their ability to protect the public interest within the legal process.
Adv. Tomer Naor, head of the legal department at the Movement for Quality Government in Israel: “This is a historic decision that will strengthen democracy; the Supreme Court has strengthened the status of the public petitioner, preferring judicial discretion in each case over a blanket rule regarding the rejection of petitions on the same issue, while leaving the Supreme Court’s door wide open for anyone affected by government overreach or arbitrariness. We welcome this historic decision that will restore certainty to the institution of the public petition, and will allow public and private petitioners to have their day before the court and bring weighty public matters before it.”
