Mazuz to government: Don't limit legal advisors' tenure
Attorney general launched scathing attack on members of Legislative Ministerial Committee for approving bill restricting term of ministries' legal advisors. 'This bill includes instructions which are absolutely unreasonable,' he says
In a letter obtained by Ynet on Friday, Mazuz writes: "This bill includes instructions which are absolutely unreasonable. The government should overturn the decision made by the Ministerial Committee on Legislative Affairs and make a decision to oppose the bill."
The Ministerial Committee on Legislative Affairs approved the bill last week, with a majority vote of seven to four. The bill was submitted by Knesset Members Moshe Gafni and Uri Maklev (United Torah Judaism).
The attorney general noted his observations in a letter to the government, adding he would attend Sunday's cabinet meeting, which is scheduled to discuss the decision.
"Some time ago," Mazuz wrote, "the government approved limiting some 70 senior positions held by more than 100 officials, including the legal advisors… The government also tasked teams with limiting the tenures of functionaries who are currently serving in these positions."
The attorney general was referring to a team led by senior barrister Mike Balas, which is working to define the way of actions in terms of legal advisors and senior officials serving in the government, which Mazuz believes are the direct victims of the ministerial committee's decision.
'No justification for supporting bill'
Mazuz went on to say that "the committee's work is currently in its last stages, and its recommendations will soon be presented to the government. It should be noted that this matter raises considerable doubts and difficulties, and requires a cautious and meticulous examination of the questions and claims over the legitimate expectations and rights these officials are eligible to."
The attorney general added in his letter that "under these circumstances, there is no justification for the government's support of a bill regulating a restriction of the tenure of ministries' legal advisors."
The bill, dubbed the 'Gafni law', limits the tenure of senior functionaries, including legal advisors serving in the Israeli government, to six years. According to the recommendations being formed by the committee, led by Attorney Balas, the tenure of legal advisors currently in office is to be limited to one more year, unless the minister in office has decided to appoint them for a single six-year term.
The bill aims to allow the minister to end the advisor's term in full agreement with the civil service commissioner and with the government's approval. Those who oppose this bill say it may lead to a politicization of the legal advisor's role at government ministries.
Mazuz has defined the legal advisors in government ministries as "the doormen for advancing and strengthening the rule of law." The attorney general is currently the one to regulate the roles of legal advisors, who are not subject to the minister in charge of the office or to the ministry's director-general, and serve as the attorney general's representatives at the different government offices.
