Israeli Knesset Passes Law Weakening Government Legal Advisor's Authority

The Israeli Knesset approved in its second and third readings a controversial law that diminishes the authority of the Government Legal Advisor. The vote on Wednesday evening saw 65 members supporting the bill and 51 opposing it. The legislation allows the government to declare that the legal advisor's opinions do not reflect the law, choose alternative legal representation in court cases, and increase oversight of the advisor's work through the Minister of Justice. The law is set to take effect in January 2027 and will impact the current Government Legal Advisor, Gali Baharav-Miara, whose term ends in 2028.

Originally, the bill also aimed to split the Government Legal Advisor role into three separate positions: legal advisor, attorney general, and state representative in courts. However, due to time constraints before the Knesset session ended, this part was separated from the bill. During debates, representatives of the Government Legal Advisor and the Knesset's legal counsel sharply criticized the bill's main provisions.

Under the new law, the government can determine that a written opinion by the legal advisor does not represent the existing law, whether it concerns the government itself or another executive branch entity. Such decisions must be reported to the Knesset's Constitution Committee or the Foreign Affairs and Security Committee for security matters. The law does not apply to criminal powers or those granted by law to the legal advisor. The government will also decide the state's position in legal proceedings, with the legal advisor preparing the position unless the government decides otherwise. If the advisor cannot represent the government's stance, the government may appoint another lawyer, and the advisor cannot appear in that case without government approval, except in criminal cases.

The law further states that state bodies outside the executive branch, such as the Knesset, President's Residence, and State Comptroller, will not be represented by the legal advisor without mutual consent. The legal advisor will be accountable to the government and subject to oversight by the Minister of Justice, who can request reports on general or specific matters. However, this oversight does not permit interference in criminal proceedings. If the advisor believes reporting to the minister harms public interest, she may report to the Public Complaints Commissioner for State Representatives.

A committee amendment removed a clause that would have exempted government ministry legal advisors from the authority of the Government Legal Advisor, maintaining the current situation. The law requires the government to decide within 30 days of its enactment on the appointment and transfer process for the Government Legal Advisor.

The Movement for Quality Government in Israel petitioned the Supreme Court to annul the law, calling it part of a "regime coup" that allows the government to override legal opinions and turn the legal advisor into a private lawyer for the government.