Will Attorney General violate attorney general's instructions?

AG intends to oppose 'Appellant's Law' in Knesset Constitution Committee, directly contradicting Advisor's Directive 1.1005.

Mordechai Sones,

Mandelblit
Mandelblit
Flash 90

The Knesset Constitution, Law, and Justice Committee will hold a discussion of a government bill dubbed the "Appellants Law".

According to the proposed law initiated by Justice Minister Ayelet Shaked, the legal counsel selection process will be changed from a tender procedure currently used to a search committee procedure in which the minister in charge of a given ministry has greater influence over the identity of the appointed legal advisor.

The proposed bill for government grants was published by the Justice Ministry and promoted by the process set forth for government bills.

Despite this, Attorney General Dr. Avichai Mandelblit intends to arrive to the discussion to convince Knesset Members to oppose the proposal in its current version, at least to change it significantly.

However, the Movement for Governance and Democracy reveals this morning that the Attorney General's decision to attend the committee tomorrow to oppose the law contravenes the rules set forth in Attorney General's Directive 1.1005.

The directive forbids employees of government ministries "to bring before a committee of the Knesset a position that is opposed to a government bill or a substantive deviation from it."

Attorney General's Directive 1.1005
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The Attorney General's directives are a set of guidelines published from time to time by the Attorney General's legal advisors from the days when Meir Shamgar was in the position, and constitute in effect a set of additional binding directives for government ministries apart from laws, regulations, and internal procedures.

In the past, the legal advisor's guidelines were strongly criticized by senior legal experts such as Prof. Daniel Friedman, who believed the legislation was not authoritative, but despite that, their status has been fixed over the years, and in 2003 underwent a process of comprehensive updating and revamping.


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