Committee Warns Split of Attorney General Role Could Weaken Rule of Law

The Knesset approved in its first reading last week a bill to split the attorney general’s role into two separate offices, and the Knesset Constitution Committee’s legal adviser has now warned of sweeping consequences. The proposal, advanced in the Constitution Committee, would divide the current powers between a legal adviser to the government and a public prosecutor, while also allowing the government to dismiss the attorney general, making the post dependent on the government’s own term.

Under the plan, the attorney general would handle government legal advice and represent the state in non-criminal matters, with a senior deputy responsible for protecting the public interest. A separate public prosecutor would oversee criminal law, including indictments and the general prosecution service. The government would appoint the legal adviser on the recommendation of the prime minister and justice minister, and the post would end 100 days after a new government is formed.

The bill also limits the force of the attorney general’s legal opinions. The government would be able to decide that an opinion does not reflect the law and exempt officials from following it, and it would determine the state’s position in court. If the attorney general refuses to present that position, the government could hire outside counsel. The prosecutor would serve a six-year term, chosen by the government from a public committee’s list, and would be professionally independent in criminal matters but subject to justice minister oversight and reporting duties.

The committee’s legal analysis says the changes could turn the attorney general into a kind of government in-house lawyer, weakening an independent guardian of the rule of law and internal legal review. It also warns of harm to checks and balances, reduced transparency, weaker protection of rights, and pressure on the prosecutor. For investigations of senior officials, including the prime minister, ministers and judges, opening a probe would require district court approval, and indictments would need a special three-member panel’s consent.