Attorney General Warns: Cabinet Rule Changes Could Lead to Unlawful Government Actions

The Israeli Attorney General, Gali Baharav-Miara, has raised concerns over a proposed amendment to the government's rules of procedure. She warned that the changes could remove vital legal safeguards, allowing cabinet decisions that conflict with laws and constitutional principles, risking unlawful actions and misuse of public resources.

The Israeli Attorney General, Gali Baharav-Miara, has expressed serious legal concerns regarding a proposed amendment to the government’s rules of procedure. According to her position, the suggested changes would remove essential legal safeguards that currently restrict government decision-making. She warned that eliminating these constraints would enable the cabinet to approve decisions that conflict with existing law and constitutional principles.

Baharav-Miara stated that the proposal is unlawful in its current form and could result in discriminatory allocation of public funds, misuse of governmental authority, and decisions taken without legal justification. She emphasized that these risks are particularly acute during an election period, when the potential for abuse of power is significantly higher.

Her warning was supported by a detailed legal opinion prepared by Deputy Attorney General Dr. Gil Limon. The opinion analyzes the constitutional and legal implications of the proposal and concludes that it faces substantial legal barriers. Dr. Limon explained that the amendment would fundamentally alter the way the government operates by allowing cabinet activity to proceed without mandatory legal consultation.

According to the legal analysis, the proposal would permit the advancement of cabinet decisions and both primary and secondary legislation without binding legal advice. This reduction of legal oversight would increase the likelihood of unlawful decisions and weaken the integrity of governmental actions.

The opinion further notes that cabinet resolutions directly affect the public in areas such as security policy, public health, social welfare, and state budgeting. Dr. Limon highlighted that recent government conduct has already included the promotion of initiatives lacking adequate legal or factual grounding, often disregarding professional and legal review. The proposed amendment would intensify these problems and expand the scope for improper use of state authority and public resources.

Significant procedural flaws were also identified. The amendment was drafted without the involvement of the cabinet secretary or relevant legal professionals. Legal review began only after the proposal had already been submitted and was not completed in time for a comprehensive examination. Substantive legal objections were dismissed without meaningful discussion, and the proposal advanced without the extensive staff work normally required for changes of this magnitude.

Dr. Limon warned that the amendment would weaken Israel’s legal advisory system by turning core elements of legal oversight into optional steps. Ministers would be able to treat legal opinions as non-binding, contradicting established Supreme Court rulings that define the Attorney General’s opinions as legally binding on the government.

The proposal was also described as conflicting with a recent High Court of Justice ruling that declared attempts to dismiss the Attorney General unlawful and affirmed her authority. Any measures interfering with her powers were ruled void, and the current amendment was found to contradict that decision.

Additional concern was raised due to the timing of the proposal ahead of upcoming elections. The legal opinion warned that weakening institutional checks and balances at this stage increases the risk of improper government actions.

The Movement for Quality Government in Israel publicly criticized the proposal, supporting the Attorney General’s stance. The organization argued that the amendment represents an indirect effort to neutralize the legal advisory system after earlier attempts to remove the Attorney General failed. It warned that the proposal undermines the rule of law, contradicts High Court rulings, and creates conditions that could enable corruption rather than improve government functioning.

Sources:

• Times of Israel: Government moves to circumvent advice of AG, whose office warns of ‘abuse of power’
• Yahoo News: Attorney-general: Proposed cabinet rule changes would enable unlawful government action
• Ynet News: Government set to approve move allowing laws to advance without attorney general’s approval
• Attorney-general: Proposed cabinet rule changes would enable unlawful government action