MQG called on Justice Minister Ayelet Shaked to avoid damaging the Attorney General’s position and authority and to refrain from splitting the position in two. MQG explained to Shaked how dividing the Attorney General authority would damage the rule of law.
MQG called on Justice Minister Ayelet Shaked, to avoid splitting the Attorney General’s authority. MQG emphasized that this controversial move could threaten the rule of law in Israel, and that some of the supporters of this move, in its various forms, are standing behind it in order to free politicians from the chains of law and its enforcement. In the letter to Shaked, MQG stated that: “The state of Israel is not a ‘safe’ enough place legal-wise to execute such a reform without taking in mind the consequences this reform may have on the rule of law. Destroying the rule of law’s only remaining safe-haven in the state of Israel, even with the purpose to rebuild it, threatens its very existence and the public’s faith in its government and in law enforcement authorities.”
MQG stated the various threats this reform embodies. Among the threats stated: damaging the Attorney General’s ability to ensure the legality of government actions due to the lack of synergy caused by entrusting the authorities in multiple hands. Therefore, if the authority is to be divided or if the Attorney General’s interpretation will lack a binding status and will serve solely as a “recommendation”, the position of the advising body would not be as strong as before due to the lack of enforcing abilities.
In addition, dividing the Attorney General’s position may cause “two different voices” in the state’s law enforcement authorities. Meaning, dividing the position may create a new reality where the Attorney General and the Chief Prosecutor might interpret the law completely differently, thus confusing decision-makers and preventing from the prosecution to properly enforcing the law.
Furthermore, splitting the Attorney General authorities might weaken the ability to fully activate the different instruments in the law enforcement “orchestra”. Meaning, in order to effectively enforce the rule of law and in order to maintain a norm of proper governance and, a harmonious, coherent and coordinated use the various relevant instruments is required.