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Knesset committee approves bill gutting powers of attorney general for final readings

The Knesset Constitution, Law and Justice Committee approves a highly controversial bill for its final readings in Knesset, which will dramatically weaken the authority of the attorney general and their ability to act as a check on government power.

The key change the legislation makes will be to enable the government to determine that the attorney general’s legal opinion on a given issue does not reflect existing law, unlike the current situation, whereby the attorney general’s opinion is binding on the government.

This attorney general override mechanism will therefore enable the government to decide for itself if a specific action or decision is legal. It will not, however, be applicable to the attorney general’s decisions on criminal matters, as head of the prosecution service.

The bill will also empower the government to determine its own position for the attorney general to represent in legal proceedings in court against the government, whereas at present, the attorney general can decide for themselves what position to adopt.

“This is a good and important law, and many others have proposed arrangements in its spirit during different governments,” says Knesset Constitution, Law, and Justice Committee Chairman MK Simcha Rothman.

Opposition MK Gilad Kariv of the Democrats denounces the legislation, however, as part of what he says is the government’s campaign to remove checks on its authority.

“This law places the government above the law and exposes citizens to arbitrary government action. It is part of a broader effort to remove constraints and checks on the government,” says Kariv, and vows to petition the High Court of Justice against the bill.

Yesh Atid MK Karine Elharrar says the attorney general’s current power “protects citizens against the tyranny of the majority,” and says that the legislation will be cancelled by a future government led by the current opposition.

The bill, which the architects of the government’s judicial overhaul program have long sought to pass, can now be brought for its second and third readings in the Knesset later this week.