The Knesset plenum approved early Tuesday morning in first reading the bill to split the position of Attorney General, with a majority of 65 MKs against 47 opponents.
After approval, the proposal will be returned for discussion in the Constitution, Law and Justice Committee.
The implementation of the law will allow the government to appoint a new Attorney General, separate from the current Legal Advisor to the Government, Gali Baharav-Miara.
Shas faction This morning, the following statement was issued: "Tonight, with the support of Shas, the bill to split the role of the Attorney General was approved in first reading. This is a necessary step to reduce the excessive and predatory power that the anarchist Attorney General and her colleagues have taken for themselves in the judicial system.".
""In recent years, the legal advice to the government has become a factor that systematically thwarts government decisions, and a machine for cruel political persecution of entire publics. Luna's disgraceful failure yesterday in the High Court proves how unacceptable it is to leave such great power in the hands of one person.".
""Shas will continue to act decisively to curb the power of the judicial system and return governance to elected officials.".
MK Meir Porush He spoke tonight in the Knesset plenum, during the heated debate on the bill to split the role of the Attorney General.
In his remarks, he expressed firm support for the bill: "This is not a technical matter, but an existential democratic need to heal the system. This unfortunate situation in which one person, an appointed official not elected by the public, holds unlimited power is a distorted situation. It is impossible for one entity to both determine the government's policy and also hold the whip of criminal prosecution over the heads of elected officials. Such absolute concentration of power corrupts and nullifies the will of the people.".
""This morning we heard the ousted legal advisor, Attorney Miara, wailing in public that they are being harmed in the ivory tower. She is screaming indignation. To the legal system and to Ms. Miara, I say from here: You only have yourselves to cry about. You, with your own hands, in arrogance, conceit, and drunkenness of power, have destroyed every good part of it with your own hands.".
""The record was crossed with her intervention in public in the appointment of the head of the Mossad. Attorney Miarah's criminal and reckless conduct against an appointment to such a sensitive security position, while forcefully attempting to thwart decisions critical to state security, proved that this system has lost all restraint. Such reckless conduct requires her to resign immediately, but since she has not done so, it is our duty to stop it through legislation.".
""Members of Knesset, we are facing a testing moment. I call on you: We must not blink and we must not succumb to pressure. We were elected to govern and to return power to the people, and we must pass this law with full determination.".
He mentioned: "When this bill passed in preliminary reading, during the days of Purim, I mentioned here that the Book of Esther says, 'If the forces fall before him, we will fall,' and I continued - Attorney Miara, 'We will fall, we will fall.' Many MKs answered me then, 'Amen.' This time I will finish and repeat what I said here earlier tonight: Torah scholars will prevail, the rule of law will collapse!".
The official announcement from the Knesset states about the law: "It is proposed to split the roles and powers of the Attorney General into two positions - Attorney General and Prosecutor General.".
According to the proposal, the Prosecutor General will head the General Prosecution and hold all powers in the field of criminal law. On the other hand, the Attorney General will hold the remaining legal powers, will head the legal advisory system to the government, and will head the State Attorney's Office, which does not deal with criminal matters.
In addition, "it is proposed to regulate the manner of appointment, the conditions of his eligibility and the term of office of the Attorney General, and to determine that he will be appointed by the government according to the recommendation of the Prime Minister and the Minister of Justice, and that his term of office will be the term of office of the government that appointed him. It is also proposed to regulate the conditions for the end of his term of office, the grounds for his transfer from office and his suspension, and the appointment of the deputy who will serve as the acting Attorney General.".
According to the wording of the bill, "The Attorney General will assist the government in implementing its policies and goals within the framework of the law and will provide legal advice to all elements of the executive branch. It is also proposed to regulate the status of legal opinions, so that all elements of the executive branch will see them as reflecting existing law, but if the government sees reason to do so, it will not be obliged to regard a particular opinion as reflecting the law, and will be entitled to exempt all elements of the executive branch from this obligation.".
With regard to representation in the courts, "it is proposed to regulate the representation of the state in the courts and to determine that the Attorney General will present the state's position in proceedings before the court and assist in the implementation of the government's policy and objectives. In this regard, the authority to determine the state's position in legal proceedings will be vested in the government, and in cases where the attorney general believes that the determined state position cannot be presented, or the minister concerned believes that the state's position will not be represented properly - the government will be entitled to determine that the state's position will be presented through another lawyer.".
At the same time, the bill also regulates the terms of the appointment and term of office of the Prosecutor General. He will be appointed by the government from a list of candidates recommended by a public committee, for a single term of office lasting six years. The law defines the terms for the end of his term, the grounds for his transfer from office or suspension, and the appointment of the senior deputy as his replacement. The wording of the law emphasizes that the Prosecutor General will be completely independent in his considerations and decisions, and will not be subject to any authority other than that of the law.
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