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 paves the way for Economy Minister Nir Barkat to proceed with his request to dismiss Michal Cohen, the Director General of the Israel Competition Authority.

The court determined that the authority to decide on such a dismissal rests with the appointments committee itself, not the Civil Service 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 her case must be reviewed by the appropriate body.

Justice Noam Sohlberg strongly 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 aligned more closely with the economy minister's position. Sohlberg urged the Attorney General's office to adhere strictly to the law rather than expanding its interpretation.

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, prompting the petition to the Supreme Court. Cohen, appointed in January 2022 for a six-year term, has accused the minister and his director general of interfering with her authority, while Barkat cited a deep trust deficit.

The Supreme Court's decision means the appointments committee can now convene to consider Barkat's request, but the ultimate outcome regarding Cohen's tenure remains undecided.