Knesset committee warns split attorney general bill could weaken rule-of-law safeguards
The Knesset Constitution Committee’s legal adviser has issued a warning about the likely consequences of the bill to split the attorney general’s role, after the Knesset approved it in first reading last week. The proposal, advanced through the committee, would separate the attorney general’s legal advisory powers from the public prosecution function and sharply reduce the binding force of the attorney general’s opinions.
Under the plan, the attorney general would handle legal advice to the government and represent it in noncriminal cases, while a separate state prosecutor would run the criminal prosecution system and decide on indictments. The government would appoint the attorney general on the prime minister and justice minister’s recommendation, and could dismiss that official, making the term depend on the government’s own term. The attorney general’s tenure would end 100 days after a new government is formed.
The legal opinion says the government would no longer be fully bound by the attorney general’s legal views and could decide that a given opinion does not reflect the law. In court, the government would determine the state’s position, and if the attorney general refused to present it, the government could hire outside counsel. A senior deputy would also be appointed to handle public-interest powers such as wiretaps and equitable distribution of state support.
The committee’s adviser warned that this would turn the attorney general into a kind of government-appointed attorney, undermine institutional checks and balances, and weaken independent legal review. The opinion also says requiring court approval to investigate senior officials, including a prime minister, ministers, and judges, and a special three-member panel to approve indictments, would create barriers not faced by ordinary citizens. The state prosecutor would be appointed for six years from a public committee’s list, but would be overseen by the justice minister and required to submit reports.
