Israel’s government will gain broad new powers over its chief legal adviser under a law approved by the Knesset on Wednesday, including the ability to replace the attorney general and reject the office’s interpretation of the law.
Lawmakers passed the legislation in its second and third readings by a 65-51 vote. Prime Minister Benjamin Netanyahu did not participate in the vote, N12 reported.
This legislation will break the attorney general’s responsibilities into two jobs. A government legal adviser will provide legal guidance and handle civil cases, while a newly established prosecutor general will oversee criminal prosecutions. The justice minister will decide disputes over which office has authority in a particular matter.
With the passage of this law, the government will gain greater control over who serves as attorney general and how long the officeholder remains in office. The government will make the appointment following recommendations from the prime minister and justice minister, and the attorney general’s tenure will end with the term of the government that selected them.
The government could remove the attorney general earlier if it determines that disagreements are preventing effective cooperation. Dismissal would also be permitted for inappropriate conduct, failure to carry out a duty or the opening of a criminal investigation against the officeholder.
Although the attorney general’s written opinions will formally be treated as reflecting the law, ministers will be allowed to reject that interpretation in individual cases.
The government can also choose its own legal position in court and hire an outside lawyer if the attorney general cannot defend that position or ministers believe the government is not being properly represented. If outside counsel takes the case, the attorney general generally cannot appear before the court without government approval, except in criminal proceedings.
Opponents immediately turned to the High Court of Justice. The Movement for Quality Government in Israel, the Association for Civil Rights in Israel, the Israel Democracy Guard movement, the Israel Bar Association and MK Gilad Kariv with the Zulat Institute filed petitions challenging the law.
Yashar Chairman Gadi Eisenkot described the legislation as “a blatant attempt to neutralize the gatekeepers of the State of Israel and crush the rule of law” and pledged to reverse legislation harming democratic institutions in the next government.
