Knesset passes law to weaken attorney-general's power

Israel's parliament, the Knesset, has passed a contentious bill that significantly curtails the powers of the attorney-general. The legislation, a key priority for Prime Minister Benjamin Netanyahu's coalition, cleared its final readings with a vote of 65 in favor and 51 against.

The new law allows the government to disregard the attorney-general's legal opinions, which were previously considered binding unless overturned by a court. It also removes the attorney-general's exclusive authority to represent the state in legal proceedings and opens the door for the government to dictate the appointment and dismissal process for the role. Currently, removing the attorney-general requires a committee led by a retired Supreme Court justice.

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The functions being altered by the legislation are the main tools that enable the attorney-general to safeguard the rule of law.

This reform comes amid an ongoing rift between Netanyahu's government and the judiciary, particularly with Attorney-General Gali Baharav-Miara. The Israel Democracy Institute (IDI) has voiced strong concerns, stating that the altered functions are essential for safeguarding the rule of law. The IDI warned that the bill could destabilize Israeli democracy by strengthening the government and weakening checks on its power, thereby impacting the protection of human rights.

Legal scholars have echoed these warnings, highlighting that the bill grants the government unprecedented control over its primary legal challenges. The legislation is slated to take effect on January 1, 2027, after the upcoming elections. Within 30 days of its enactment, the government must establish a new procedure for appointing and removing the attorney-general.

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IDI added that the bill could 'undermine the independence of the law enforcement system, strengthen the government, and remove checks on its power in a manner that would destabilize Israeli democracy and its protection of the rule of law and human rights.'