Former Israeli Supreme Court Presidents Condemn Government's Move to Undermine Attorney General's Independence

The Israeli judiciary is sharply criticizing a coalition bill aimed at weakening the Attorney General's advisory role to the government, warning it will effectively dismantle the independence of the Attorney General as the head of the prosecution and thus undermine the entire prosecution system. The bill, promoted by Knesset Constitution Committee Chair Simcha Rothman, seeks to allow the government to disregard the Attorney General's legal opinions, which critics say opens the door for political interference in law enforcement, especially regarding corruption cases.

In a rare joint statement, five former Supreme Court presidents, Aharon Barak, Dorit Beinisch, Asher Grunis, Esther Hayut, and Uzi Fogelman, condemned the government's refusal to comply with a Supreme Court ruling on the Second Authority Council, calling it "the final nail in the coffin of democracy." They warned that ignoring court orders threatens the rule of law and could lead to anarchy and concentration of power in a single branch.

The bill intends to pass at least one clause before the Knesset dissolves, removing the government's obligation to exclusively follow the Attorney General's advice. While the full split of the Attorney General's advisory and prosecutorial roles is postponed to the next Knesset, legal sources argue that weakening the advisory role will inevitably erode prosecutorial independence. They highlight concerns that if the government rejects the Attorney General's stance on issues like political corruption, illegal appointments, or misuse of public funds, it could prevent investigations or indictments.

During a Knesset committee discussion, Deputy Legal Advisor Gil Limon warned that mixing advisory and criminal roles creates risks of governmental interference in law enforcement, a hallmark of undemocratic regimes. Committee Attorney Goral Bley suggested clearer protections for the criminal law domain to prevent government override of prosecutorial decisions. Rothman responded by asserting the bill guarantees the Attorney General's independence in criminal matters and accused the current Attorney General of politicizing her office and ignoring court rulings.

The controversy highlights a deep institutional conflict over the balance of power between Israel's judiciary and executive, with significant implications for the rule of law and democratic governance.