Israeli Parliament Passes Controversial Law Severely Weakening Attorney General's Authority

On Wednesday, the Israeli Knesset approved in its second and third readings a landmark law that significantly diminishes the powers of the Attorney General (AG). This legislation, part of a broader political deal that also included exemptions favored by ultra-Orthodox parties, marks a profound shift in Israel's legal system since its founding. Prime Minister Benjamin Netanyahu was absent during the vote.

The law curtails the AG's role as the government's legal advisor by allowing the government to reject the AG's legal opinions, which until now were binding. While the law does not split the AG's dual role as legal advisor and head of the prosecution, critics warn it effectively nullifies the AG's influence, especially regarding enforcement against governmental corruption. Deputy AG Gil Limon described the reform as "not a split but a liquidation" of the AG's authority.

Historically, the AG's powers were based on a complex web of around 250 laws and Supreme Court rulings, without a single formal statute defining the office. The new law, set to take effect on January 1, 2027, formally codifies the AG's role but explicitly states that the government can determine that the AG's legal opinions do not reflect the law, thus freeing ministers to act contrary to the AG's advice. The government will also control the state's legal representation in courts, potentially sidelining the AG unless criminal matters are involved.

The law includes a provision requiring the government to reconsider the AG's appointment and dismissal procedures within 30 days of its enactment, easing the process to remove an AG without a judicial-led selection committee. This follows last year's failed government attempt to dismiss AG Gali Baharav-Miara, which the Supreme Court struck down.

Opponents argue the law undermines the rule of law, risks enabling corruption, and threatens fundamental democratic rights, including fair elections and freedom of expression. They anticipate legal challenges to the law's constitutionality in the Supreme Court, which may issue a temporary injunction to delay its implementation. The law's timing, after the upcoming October elections, raises concerns about potential political manipulation.

Despite the law's delayed enforcement, its passage signals a new era where government officials may disregard legal advice, potentially impacting election oversight, budget allocations, and civil rights protections. The law also maintains that the AG remains accountable to the government and supervised by the Justice Minister, though it prohibits ministerial interference in criminal proceedings. The Knesset's Constitution Committee chair, Simcha Rothman, and others led the legislative effort amid fierce opposition from legal experts and former AGs.

The law's critics warn it could allow the government to grant exemptions from military conscription, allocate funds without transparency, influence public appointments based on loyalty, restrict protests, and suppress dissenting voices, including journalists and judges. The Supreme Court's response remains uncertain, with the possibility of intervention to uphold democratic safeguards.