Supreme Court Rejects Government Legal Advisor's Stance on Competition Authority Head Dismissal

Israel's Supreme Court has delivered a significant blow to the Attorney General, Gali Baharav-Miara, by rejecting her legal position in a case concerning the potential dismissal of the head of the Competition Authority, Adv. Michal Cohen. Five justices ruled that the Civil Service Commissioner cannot unilaterally halt the Economy Minister's request to dismiss Cohen. Instead, the court determined that the Appointments Committee must review such requests.

While the committee can decide to halt proceedings early, the Civil Service Commissioner does not have the authority to make that decision independently. Supreme Court President Yitzhak Amit further clarified that Cohen's specific case did not warrant preventing the committee from convening. Deputy President Noam Sohlberg strongly criticized the Attorney General's office, stating it presented a "flawed legal picture" to the Civil Service Commissioner. He noted that all six justices involved in the initial ruling and the rehearing believed the law favored the minister's position more than the legal advice suggested.

Sohlberg also highlighted the considerable delay in the process, pointing out that the Economy Minister first requested a hearing on Cohen's dismissal in January 2024, yet the matter remains unresolved over two and a half years later. With the Knesset now dispersed and the government's term nearing its end, Sohlberg wrote, "Justice delayed is justice denied."

Cohen was appointed head of the Competition Authority in January 2022 for a six-year term. The Economy Minister, who took office a year later, reportedly clashed with Cohen within months, with Cohen alleging interference in her duties and the minister requesting her resignation in May 2023. The minister formally asked the then-Civil Service Commissioner, Prof. Daniel Hershkowitz, to convene the Appointments Committee in January 2024, citing "clear and ongoing unsuitability for the role" and a "severe and ongoing crisis of confidence."

However, the committee never met. After an investigation, Hershkowitz informed the minister in August 2024 that he would not forward the request to the committee. The minister appealed to the Supreme Court, which in July 2025 ruled that the commissioner could not block the process alone. The Attorney General, Civil Service Commissioner, and Appointments Committee sought a rehearing, but their position was again rejected today. The Supreme Court did not rule on Cohen's guilt or innocence regarding the dismissal allegations. While the order delaying the process was lifted, the ongoing election period means any further action will be subject to election regulations.