Legal Advisor Warns Split of Attorney General Role Threatens Rule of Law in Israel

Dr. Gur Bley, the legal advisor to the Knesset Constitution Committee, has issued a strong warning against the proposed legislation to split the role of Israel's Attorney General. He cautioned that the fundamental change in the Attorney General's duties would significantly undermine the office's ability to provide internal legal oversight of the executive branch. Bley highlighted that the bill, promoted by the coalition for a second and third reading vote within three weeks before the Knesset dissolves, risks damaging the system of checks and balances, weakening individual rights, and eroding the principle that the rule of law applies equally to the government and citizens.

Bley criticized the legislative process, noting the lack of thorough preparatory work by relevant professionals and the rushed, continuous committee discussions, which he said produced a flawed and incoherent outcome. He suggested that if the role is to be split, efforts should be made to consolidate related legal advisory functions to avoid unnecessary fragmentation that would complicate government operations. However, many of his proposals for such consolidation were rejected.

He expressed concern that the Attorney General would effectively become the government's "private lawyer," losing independence and becoming a "trusted servant" of the government, a significant departure from Israel's long-standing model of an independent legal advisor. Bley warned that transferring statutory powers related to protecting the public interest to a deputy subordinate to the Attorney General would further compromise this independence.

Regarding government representation in courts, Bley noted the risk that ministers or cabinet committees could bypass the Attorney General's legal opinions by presenting alternative positions during litigation, undermining the advisory role. He also raised concerns about the independence of the State Attorney, whose investigative and prosecutorial functions would be split between the Attorney General and the State Attorney, potentially causing coordination problems and inconsistent law enforcement.

Bley criticized the proposed special procedures for investigating and prosecuting senior officials, which require approval from a district court and a three-member committee, potentially creating a chilling effect on enforcement actions against high-ranking figures. He urged the committee to reconsider the law's start date of January 1, 2027, to allow sufficient time for operational adjustments across government legal bodies.

Overall, Bley called for a more measured legislative process and warned that the current approach risks legal and institutional instability, with potential grounds for the Supreme Court to invalidate the law due to procedural flaws.