Israeli Supreme Court Reviews Live Debate on Competition Authority Chief's Potential Dismissal

The Israeli Supreme Court held a live hearing on Tuesday with a panel of five judges to discuss whether the State Service Commissioner must convene the Appointments Committee to consider dismissing Michal Cohen, head of the Competition Authority. This move has been pursued by Economy Minister Nir Barkat for three years. The court must decide if the Commissioner lacks authority to block the minister’s request to convene the committee or if he can conduct a preliminary review to prevent dismissals of senior public officials.

Michal Cohen was appointed by former Economy Minister Orna Barbivai in 2022. Five months after Barkat took office in early 2023, he asked Cohen to resign. After her refusal, Barkat sought her dismissal, citing a loss of trust and accusing her of failing to curb monopolies and food companies. Barkat requested the State Service Commissioner to convene the Appointments Committee, which the Commissioner declined, relying on the Attorney General’s legal opinion that a preliminary examination is required before convening the committee.

The organization "Lavi" filed a petition supporting Barkat’s demand for convening the committee. Last year, a Supreme Court panel led by Justice Yosef Elron ruled that the Commissioner must convene the committee. However, the Attorney General requested an additional hearing, which was granted, emphasizing the case’s significance in defining the Commissioner’s authority over dismissing senior officials.

This ongoing legal debate highlights the tension between ministerial authority and civil service protections in Israel’s public administration system. The Supreme Court’s forthcoming decision will clarify the limits of the State Service Commissioner’s powers and the process for removing senior officials from office.