Supreme Court Rejects Government Legal Advisor's Stance in Minister's Dismissal Bid

Israel's Supreme Court on Wednesday rejected the position of Attorney General Gali Baharav-Miara, ruling that the Civil Service Commissioner does not have the authority to unilaterally block a minister's request to convene a appointments committee to review the dismissal of a senior official. The ruling clears the path for Economy Minister Nir Barkat to pursue his request to dismiss Competition Authority head Adv. Michal Cohen.

The court determined that the authority to decide on such a dismissal rests with the appointments committee itself, not the commissioner. While the committee can decide early in its proceedings that there is no justification for continuing the process, the commissioner cannot make that decision in their stead. The Supreme Court clarified that its ruling does not determine whether Cohen will be dismissed, only that Barkat's request must be considered by the appropriate body.

Justice Noam Sohlberg sharply criticized the legal advice provided to the Civil Service Commissioner, stating that the commissioner was presented with a "flawed legal picture" and that the law actually leaned closer to the economy minister's position than was represented. Sohlberg urged the Attorney General's office to adhere strictly to the law without over-interpreting it.

The case began in January 2024 when Barkat requested the appointments committee review Cohen's dismissal, citing "clear and ongoing unsuitability for the role" and a crisis of confidence. In August 2024, the Civil Service Commissioner announced he would not forward the request to the committee. This led to a petition, and in July 2025, the Supreme Court ruled that the commissioner could not block the process himself. Cohen, appointed in January 2022 for a six-year term, has accused the minister and his director-general of attempting to interfere with her authority, while Barkat cited a deep crisis of confidence.