Knesset approves law reducing authority of Israeli attorney general

The Knesset plenum voted 65-51 to approve a law restricting the authority of the attorney general on Wednesday night. Although the law does not split the attorney general into two separate roles, as originally envisioned, it weakens two core pillars of the position.

First, the law negates the binding nature of the attorney general’s legal opinions. Currently, the government is not obliged to take the AG’s advice.

Second, it gives the government the authority to represent its position in court even if it differs from that of the attorney general.

If the attorney general declines to represent the government’s position, or a minister decides his or her position is not being adequately represented, the government can appoint outside counsel at state expense.

In such a scenario, the attorney general will not be allowed to appear in court to present an opposing view without first obtaining approval from the political echelon.

The law also enshrines the authority of the justice minister over the attorney general, who will be required to submit reports to the minister about his activity. (The law includes a caveat that the AG is not required to do so if he or she concludes it will hurt the public interest or create a conflict of interest for the minister.)

The law also states that the justice minister cannot guide the attorney general’s conduct regarding specific criminal proceedings.

Justice Minister Yariv Levin of the Likud Party praised the law’s passage, noting it comprises the third of four original planks of the government’s promised judicial reform, which ultimately failed in the face of intense public opposition.

“This is a necessary step to restore the ability to govern to the elected echelon, in order to carry out the policy for which we have gained the public’s trust,” he said.

Knesset member Simcha Rothman of the Religious Zionism Party, who, as chairman of the Knesset’s Constitution, Law and Justice Committee, played a key role in advancing the legislation, posted to X the final vote in celebration.

Knesset Member Gilad Kariv, previously of the Labor Party and now of The Democrats Party, immediately petitioned the High Court of Justice together with the Zulat Institute, a left-wing think tank.

“The law will crush the system of checks and balances. We will demand that the Supreme Court repeal the law, and we will do everything possible to remove [Israeli Prime Minister Benjamin] Netanyahu, Levin and Rothman from the helm of government,” Kariv said.

Three other petitions have already been filed against the law, Kan News reported.

The law passed just before the Knesset breaks for summer recess on July 17. It is not expected to reconvene until after the national elections set for Oct. 27.