Israeli Parliament Advances Bill to Limit Attorney General's Authority

The Israeli Constitution Committee approved the bill redefining the status of the Attorney General (AG) in a second and third reading, despite receiving 14,500 objections. If passed by the full Knesset, the law will take effect early next year. The legislation focuses on weakening the AG's current authority by legally formalizing the role for the first time, specifying that the AG provides legal advice to all executive branches, including on legislation. However, unlike the previous judicially established status, the government may now decide that the AG's legal opinions do not reflect existing law, except in criminal matters or powers explicitly granted to the AG by law.

The bill states the AG "assists the government in implementing its policy within the law, presents legal alternatives, and ensures the rule of law." It also establishes that the AG represents the government in court, but the government sets the state's position. If the government rejects the AG's legal stance, it may present its own position independently. The AG can notify the government if unable to represent its position, prompting appointment of alternative legal representation. The government may require the AG to obtain its approval before appearing in court, except in criminal proceedings under the AG's statutory powers.

Additionally, the AG will be subject to oversight by the Minister of Justice. The final version does not address the AG's appointment or removal procedures but mandates the government to revisit these rules by January 2027. Committee Chair Simcha Rothman described the law as important and unlikely to be repealed by future governments, while opposition MK Karin Elharrar condemned it as an attempt to silence a key watchdog and centralize unchecked power, pledging to repeal it.

The bill is part of broader debates on the balance of power between the executive and legal oversight in Israel, reflecting ongoing tensions over the AG's role in government policy and legal interpretation.