Israeli Attorney General Orders Government Restraint Following Knesset Dissolution

Hours after the Knesset officially passed the law dissolving the 25th Knesset and set elections for October 27, Israeli Attorney General Gali Baharav-Miara sent an official letter to Government Secretary Yossi Fox. In the letter, she declared that the government is now considered a caretaker government, imposing significant legal restrictions on ministers' activities during the upcoming election period.

Baharav-Miara explained that following the approval of the amendment to the Political Parties Financing Law, the Knesset will enter an election recess starting the next day, marking the official start of the election period. Although the government remains legally in office until a new government is formed, its scope of action and exercise of powers are substantially different from a regular government. Citing previous Supreme Court rulings, she emphasized that a caretaker government must exercise restraint, especially regarding non-urgent matters.

The Attorney General clarified that the level of restraint depends on the urgency and necessity of the governmental action, with more urgent actions allowing less restraint. These limitations aim to prevent the misuse of governmental powers for narrow political interests and to avoid creating irreversible facts that could bind the incoming government.

She instructed ministers and government authorities to consult their legal advisors before making decisions outside routine management. Detailed guidelines covering appointments, secondary legislation, grants, international agreements, and government decisions will be distributed soon.

Baharav-Miara also noted that election-related administrative considerations apply even before the official dissolution or announcement of elections if the public and decision-makers were aware that elections were imminent. Therefore, recent political discourse and the initial approval of the dissolution law must be considered when legally reviewing recent government decisions.

Finally, she requested that the letter be circulated to all government ministers and that legal opinions attached to government proposals explicitly address the current restrictions and required restraint.