Attorney General Mazuz Publishes Objections to Citizenship Law

Jerusalem, June 29 — Attorney General Menahem Mazuz took the unusual step of publishing his objections to Justice Minister Friedmann’s draft law that would make legislation regarding citizenship and entry into Israel immune to judicial review.

As Attorney General, Mazuz is a civil servant subordinate to the Justice Minister. While it is his right to present his comments on proposed legislation to the government, his choosing to publish his harsh critique of the law would appear to be a breach of the civil service’s disciplinary code, which forbids civil service to criticize publicly the policies of their elected masters. However the government cannot, at this juncture, take disciplinary measures against Mazuz, who is charged with the investigation of Prime Minister Olmert’s alleged crimes and would be responsible for indicting him if he is charged. Replacing or disciplining Mazuz would inevitably bring charges that the government was taking action against him to prevent justice being done in Olmert’s case.

At issue is legislation preventing Palestinians who marry Israelis from entering Israel and acquiring citizenship. While this legislation is necessary for security reasons — a number of such “spouses” have turned out to be terrorists in the past — the Supreme Court is liable to overturn the legislation as a breach of civil rights. Justice Minister Friedmann proposed new legislation, which would make it impossible for the Supreme Court to strike down legislation concerning citizenship and entry into Israel. Friedmann’s new legislation would have to have constitutional status — essentially, it amends Israel’s “Basic Law: Human Dignity and Liberty” — and pass by a majority of 61 Knesset members.