On 17 November 2024, the government announced its intention to advance a resolution limiting to seven years the tenure of legal counsels in government ministries, ostensibly to deal with the “burnout” in their ranks, to allow greater managerial flexibility, and to implement a government resolution passed 15 years ago. However, as we emphasize in our position paper, the move is clearly an integral part of the government’s ceaseless efforts to advance the regime revolution.

It should be noted that Netanyahu’s governments have for years tried to weaken the institution of legal counseling as part of a general trend to undermine democratic control and oversight mechanisms. The purpose of the present initiative is to do away with legal counsels doing their job as professional and independent gatekeepers. It includes new clauses allowing for the automatic termination of tenure, with only a limited say of professional oversight bodies. If adopted, the proposed legislation will undermine the rule of law and proper administration, will be used as a tool to promote political interests at the expense of democratic principles and public accountability, and will severely undermine the independence of the institution of legal counsels in government ministries.

These legal counsels are critical “gatekeepers” charged with ensuring the legality of state actions and protecting the public interest from abuse. Immediate and unilateral termination of their tenure, particularly in key ministries dealing with sensitive and complex legal issues that would continue to operate with temporary replacements, will lead to dysfunction and severely harm the mechanism upholding the rule of law. In addition, the formulation of the draft resolution came to pass in an essentially flawed process: it was drafted by an unauthorized entity, lacked sufficient factual basis, and sidestepped the relevant professional authorities. Furthermore, the proposed resolution ignores the state’s obligations as an employer and importance of upholding the rule of law and fails to meet standards of reasonableness and proper administration.

In contrast, Zulat proposes a comprehensive amendment to the Government Law in order to uphold the autonomy of legal counsels and prevent the politicization of their critical and sensitive role. Among other things, we propose to appoint these counsels through professional tenders and in accordance with the criteria established by the Civil Service Commissioner, so as to do away with even the slightest semblance of politicization in the appointment process and to strengthen their independence. Given that the problem does not lie with limiting their tenure to seven years but with their immediate termination, Zulat proposes to allow such a step no less than one year from the date the law is published, subject to the approval of the Attorney General.

To ensure the independence of legal counsel and restore its function as a key gatekeeper within the government system, it is essential to oppose the government’s draft resolution. Adopting the proposed legislation will safeguard the principles of the rule of law and proper administration, uphold democratic values and fundamental civil rights, strengthen public trust in state institutions, and ensure that the government adheres to international legal standards.