The High Court of Justice ruled unanimously on Sunday to annul two government decisions that altered the process for terminating the Attorney General’s tenure, effectively invalidating the dismissal of Gali Baharav-Miara.
A panel of seven justices found that the government’s changes to the mechanism for removing the Attorney General were procedurally flawed, specifically the decision to bypass a professional-public committee that was previously required for such actions. As a result, the court ruled that the government was not authorized to dismiss Baharav-Miara under the new mechanism without consulting the committee first.
The ruling clarifies that Baharav-Miara will remain in her position as Attorney General. The court emphasized that the government’s changes were an attempt to sidestep a previous framework designed to ensure transparency and fairness in such decisions.
Justice Minister Yariv Levin, who had pushed for the change, sharply criticized the ruling, accusing the High Court of judicial activism. "No court in the world should impose a legal adviser on a government it has no confidence in," Levin stated, calling for the government to assert its right to work with officials it trusts.
This decision follows a long-standing political debate about the balance of power between the executive and the judiciary in Israel, particularly concerning the government's ability to appoint and remove key officials. The High Court’s ruling underscores the legal importance of consultation and due process in making such decisions.
The government had previously approved Baharav-Miara's dismissal in August, and the High Court issued a temporary injunction halting the action until a decision was made. The court's ruling is likely to fuel ongoing political debates regarding judicial reforms and the role of the judiciary in Israel's governance.
The case remains a significant point of contention in Israeli politics, reflecting the broader tensions surrounding judicial reforms and the independence of the legal system. Further developments are expected in the coming days.