Israel's Supreme Court Rules on Competition Chief's Dismissal Process

Israel's Supreme Court has ruled that the request by Economy Minister Nir Barkat to dismiss the head of the Competition Authority, Adv. Michal Cohen, will be reviewed by the Appointments Committee through an expedited process. This decision follows an initial rejection of the minister's request by the former Civil Service Commissioner. The court clarified that any advancement of the dismissal process is subject to rules and limitations applicable during an election period.

The ruling came as part of a request for an additional hearing, filed by the Attorney General, against a previous Supreme Court decision that mandated the convening of the Appointments Committee to dismiss Cohen. Minister Barkat has been attempting to remove Cohen for three years. The expanded panel of five justices unanimously determined that while the Commissioner has the authority to reject a minister's request if it lacks even a prima facie cause or contains a significant administrative flaw, they cannot unilaterally block the convening of the committee.

In his main opinion, Supreme Court President Yitzhak Amit stated that this outcome addresses concerns raised by the Attorney General regarding the potential misuse of dismissal procedures for senior public officials and the creation of a "chilling effect." This is in recognition of the need to ensure the independence and political impartiality of senior officials like the Competition Authority chief, who wield significant enforcement and regulatory powers.

Michal Cohen was appointed Competition Authority head in 2022 by the previous Economy Minister. Five months after Nir Barkat took office in early 2023, he asked Cohen to resign. When she refused, he initiated efforts to dismiss her, citing a crisis of confidence and her alleged failure to curb monopolies and food companies. The Commissioner initially refrained from convening the committee, following legal advice that a preliminary review was necessary.

The case has seen previous rulings, including one last year that ordered the committee's convening. However, the Attorney General unusually requested an additional hearing, arguing the case would define the Commissioner's authority in dismissing senior officials. The court's latest decision adds a layer to the process, allowing the committee to conduct a swift preliminary review and issue a recommendation if the request is deemed frivolous.