Israel has a weight of trust-generally divided warnings of political influence

The Knoset is set to vote on a controversial bill that would split the role of the attorney general, attracting debate over its impact on Israel’s legal system.

The bill to divide the role of the Attorney-General is set for its first reading in the Knoset on Wednesday – Going by a high-profile name, it has a topic of consequences, and it is complicated for all those involved in the legal systems of Israel.

Two bills lie at the heart of this effort. The first, a Private Bill by Mk Michel Buskila (New Hope-United), aims to transfer the authority of the attorney general over criminal cases against public prosecutors, according to the newly elected Committee.

Second, the government payment approved by the Committee of Ministers on the Law and proposed by Mk Simcha Rothman (Zionist religious group), is very bright of two.

This Bill will divide the general role of the Attorney-General into three distinct positions: Legal Adviser to the Government, head of State prosecution, and representative of the State of Israel in court.

Prior to the year 2000, lawyers – usually qualified for political appointments were qualified for the Supreme Court, certified by professional standards.

However, following the Bar-on-Hebroni Adrair, the Shamgar Commission in the year 2000 established a process of appointment in succession through a formal community committee.

This committee, which is led by a retired Supreme Court Justice and includes a teacher or a lawyer for Jobe-Jikelele, Mk, a lawyer, and a professional election, reviews the elections and submits recommendations and submits recommendations and submits recommendations and submits recommendations to the government. Each attorney-general serves a six-year term, which can only be terminated under extreme circumstances.

Legal experts have warned that the new Bill proposals will put unprecedented power in the hands of the government through its main Legal Challenger. Under the Rothman bill, the AG would be appointed directly by the Prime Minister and the Minister of Justice, with the consent of the government, for a period of six years. Candidates must have 10 years of criminal experience, including at least five years as a district court judge, but their legal opinions are no longer binding.

The head of state prosecution would be appointed by the Minister of Justice for a period of six years, with the approval of the Kwayeset Committee, and would also require 10 years of experience in criminal law. A representative of the Federal Court can be similarly appointed by the Minister of Justice, who needs 10 years of experience.

It is important to remember that many officials, including Prime Minister Benjamin Netanyahu, are currently facing criminal charges.

The Attorney General assumes a very important role in Israel’s legal and economic framework. As the legal adviser of the government of the law, this ag provides binding advice to the authorities of the state, and ensures their compliance with the Law. The ag also leads the public prosecution system, represents Israel’s position in the courts, and protects the public interest in matters affecting the constitutional rights of corporations.

Advantages and disadvantages

“Even though there may be benefits to such a separation … There is a risk, especially the risk of introducing this to these institutions,” said Dr. Guy Lurie, a democratic research fellow at the Israel Democracy Institute.

He said that the division of the office should follow “deep consideration” and a good review, noting that the Shamgar Commission recommended exceptions to this.

“Government in Israel is already relatively strong; the only major checks on it are the courts and the AG,” Lurie said.

“This proposal will remove the internal check and leave only the courts. Many problems will be moved,” he continued.

Lurie added that the proposal ‘is not just a division of the office – a major revision of the power of the offices to support the rule of law. “

Some opponents of the Bill say the independent position of the AG is essential to the rule of law. Separating the federal institutions is a major organizational change that requires careful thought, especially given the developments since the Shamgar Commisha. “If the division continues, more safeguards are needed to protect politics,” Lurie said.

Attorney-General Gali Baharav-Miara similarly warned that the proposed appointment procedures would enhance the office, diminishing its role as the Defender of Democracy.

Efforts to decentralize the role of the AG have been widespread for three decades but have not yet decayed naturally, largely due to judicial opposition.

There is a political element here that should not be overlooked. Since the Prime Minister’s injury in 2019, the political landscape of Israel has been remade, counting on unity in 2022 which has forced judicial reforms with an emphasis on freedom and less supervision.

Given all this, splitting up the AG’s role will require more than legislation – It would require a comprehensive review of the hundreds of statutes that grant the general attorney’s authority.

The chances of such a bill passing, unchanged, are low. But important questions remain: Why did you press this now, and why in this way?