The Knesset plenum approved the first part of the bill regulating the role of the Attorney General this evening (Wednesday) in its second and third readings. The legislation was introduced by Constitution, Law and Justice Committee Chairman MK Simcha Rothman.
The bill passed with the support of 65 Knesset members, while 51 voted against it. The law will take effect on January 1, 2027.
For the first time, the law formally enshrines the role of the Attorney General in legislation, establishing that the Attorney General's duty is to advise the government and assist it in implementing its policies within the framework of the law. It also stipulates that the government may choose not to adopt the Attorney General's legal opinion, except in matters concerning the exercise of authority in the field of criminal law.
The law further provides that the state's position before the courts will be determined by the government, with the Attorney General responsible for presenting it. If the Attorney General believes they cannot represent the government's position, or if the relevant minister believes the position is not being properly represented, the government may appoint another attorney to represent it, except in criminal proceedings.
In addition, the law states that the Attorney General shall exercise independent judgment and, in criminal matters, will be subject to no authority other than the law itself. At the same time, the Attorney General will remain accountable to the government for carrying out the duties of the office and will be subject to the oversight of the Minister of Justice.
The law's approval comes after more than 60 discussions in the Constitution Committee, during which thousands of objections were debated and issues concerning the relationship between the government and its legal advisers were examined.
MK Rothman said, "Today we made a historic change in the way legal counsel to the government operates in the State of Israel. The law that I initiated and that has now passed restores legal counsel to its natural role: to advise and assist the government, not to replace its judgment or prevent it from implementing the policies for which it was elected."
He added, "This step is part of what we promised voters in the Religious Zionism Party platform. This important amendment will regulate the government's relationship with the Attorney General, so that a government elected by the public will be able to govern, receive professional legal advice, but also determine its own position and be represented in court in a manner consistent with its policies."
He concluded: "I thank the members of the committee, the professional staff, and everyone who took part in this important work. Today we took another major step toward strengthening Israeli democracy and correcting the relationship between the elected leadership and the legal establishment. With God's help, we will pass the second part of the bill splitting the Attorney General's role after the elections, and with the mandate the public gives us, I will complete the legislation and continue reforming the judicial system."
