The Supreme Court sitting as the High Court of Justice, in an expanded panel of seven justices and in a unanimous decision, today (Sunday) annulled the government’s decisions to change the mechanism for ending the tenure of the attorney general and to dismiss the current Attorney General, Adv. Gali Baharav-Miara.
The High Court ruled that the government’s decision, which removed the requirement to consult the professional-public committee before dismissing the attorney general, was made with significant procedural flaws and without the necessary professional basis.
The decision of the seven justices [in Hebrew]
The justices also determined that the subsequent decision to end Baharav-Miara’s tenure relied on an invalid mechanism and improper considerations.
The ruling further stated that the government’s decisions significantly deviated from Government Resolution 2274, which enshrined the recommendations of the Shamgar Committee and stipulated that any decision to dismiss the Attorney General must be preceded by consultation with an independent public committee. According to the court, the new decisions were intended to circumvent the established procedure in order to enable the dismissal of the current Attorney General.
The government did not send a representative to the petition hearings and failed to submit complete affidavits on time. The High Court ruled that this conduct alone was sufficient to convert the conditional order into an absolute one. The judgment stated that the decisions are void and that Adv. Gali Baharav-Miara continues to serve in her role lawfully.
Deputy Prime Minister and Minister of Justice Yariv Levin responded: “For anyone who thought there are conservative judges in the Supreme Court, this morning’s ruling proves once again that there are activists and extreme activists. No court in the world would force a government to keep an attorney general it does not trust, who was unanimously dismissed by all members of the government.”
He added: “Issuing the ruling at this time, while a heavy cloud hangs over the dismissed attorney general, is another link in the Supreme Court justices’ effort to obstruct the investigation and protect Adv. Baharav-Miara.”
Levin called for rejecting the justices’ decision, saying, “The government must immediately reject this illegal interference in its authority and insist on its right to work with an attorney general it trusts to help implement its policy.”
Minister of Communications Shlomo Karhi said: “This momentn is a test for all of us. Checks and balances are needed for a ‘golem’ that has risen against its creator. Contrary to the law, the High Court annulled the government’s decision to dismiss the Attorney General. The government must make a decision today: we will not accept the blatant interference of the High Court in the very core of government authority. The authority to dismiss the Attorney General belongs solely to the government under the law. The government must immediately and effectively remove the Attorney General, block her access to government offices, and appoint an acting replacement. Only by saying no (!) to High Court rulings that contradict the law can we save Israeli democracy.”