Attorney General (Legal Opinions, Representation and Oversight) Bill
Translated from Hebrew: הצעת חוק היועץ המשפטי לממשלה (חוות דעת, ייצוג ופיקוח)
TL;DRThe law sets that the Attorney General will give legal opinions and legal advice on matters of law to all parts of the executive branch, and will help the government carry out its policy and goals within the framework of the law, uphold the rule of law in the executive branch and establish uniformity and coordination in it in interpreting the law. Official Knesset summary.
Translated from Hebrew
What does the bill do?
The law further sets that the bodies of the executive branch will regard a written legal opinion given by the Attorney General as reflecting the existing law, but the government may decide that it or other bodies in the executive branch are not required to regard it as such, except with regard to exercising powers in the field of criminal law.
In addition, the law sets that the Attorney General will represent the position of the executive branch in court proceedings, and that the authority to determine the position of the executive branch rests with the government; the position will be determined by the Attorney General, unless the government determined a different position. The law further sets that in cases where the Attorney General believes that the position of the executive branch cannot be presented, or where the relevant minister believes that the position is not being or will not be properly presented through the Attorney General, the government may decide that the position will be presented through another lawyer. In such a situation, as a rule, the Attorney General will not be able to appear unless they received approval. These provisions do not apply to proceedings in the field of criminal law, to powers vested in the Attorney General by statute, or to the representation of bodies exercising judicial or quasi-judicial authority.
The law further sets that the Attorney General will be independent in their considerations and decisions, and in matters concerning the field of criminal law they will be subject to no authority other than the authority of the law. The law sets that the Attorney General is accountable to the government for fulfilling their role and is subject to the oversight of the Minister of Justice, and also regulates their reporting obligations to the minister and the exceptions to these obligations. The law takes effect on January 1, 2027. It was set that within 30 days of the start of this law, the government will make a decision in accordance with its authority under Section 5 of the Civil Service (Appointments) Law, 1959.
