Israel’s High Court overturns government’s attempt to remove Attorney General

TEL AVIV: Israel’s Supreme Court on Sunday overturned the government’s decision to dismiss Attorney General Gali Baharav-Miara, ruling that she will continue to serve in her position. The decision also criticized the government for procedural flaws and a lack of legal foundation in its attempt to remove the country’s top legal advisor.

“The Attorney General continues to serve in her position lawfully; the dismissal decision is void; and any unilateral action that could change her status, powers, or working methods is inconsistent with this ruling,” the court said. The expanded panel of seven justices stressed that the rule of law applies to all, including state authorities, and highlighted the “great discomfort” caused by the government’s conduct.

The controversy centers on the government’s dismissal of Baharav-Miara in August. According to the Supreme Court, the procedural changes were applied retrospectively and lacked consultation, alternatives, or a proper factual and legal foundation.

“This decision was made in a lightning-fast process, without organized staff work and in sharp deviation from the Shamgar Committee’s recommendations,” the court said, referring to a previous advisory body that had established guidelines to ensure the Attorney General’s independence from political pressure.

Earlier this month, a scheduled hearing to review petitions against Baharav-Miara’s dismissal was abruptly canceled after the government refused to send representatives. Supreme Court President Yitzhak Amit said at the time, “Without government representation, there is no point in holding a hearing in front of an empty court.” Justice Minister Yariv Levin criticized the cancellation, accusing the court of prejudging the matter.

The ruling has sparked immediate political reactions. Communications Minister Shlomo Karai called the decision illegal and urged the government to disregard it, saying, “The authority to dismiss a legal advisor is the government’s sole authority by law. We do not accept the High Court’s blatant intervention in the very core of government authority.” Karai further called for blocking Baharav-Miara from government offices and appointing a replacement.

By contrast, opposition leader Yair Lapid welcomed the Supreme Court’s ruling, stating, “We will continue to fight for the Israeli rule of law.” Leaders of the Protest for Democracy movement accused the government of attempting to undermine judicial independence, saying the ruling “proves once again that any attempt to oust the Attorney General and attack the rule of law will fail.”

The government and Baharav-Miara have been at odds since the governing coalition took power at the end of 2022, with each side accusing the other of overreach. The government claims Baharav-Miara has been “serially thwarting its policies and actions,” while she maintains the government has been “acting unlawfully and advancing unconstitutional legislation.”

The government’s controversial judicial overhaul, which Baharav-Miara opposes, initiative includes changes to the system for appointing and removing judges, giving the Knesset the ability to override certain High Court rulings, changing the way legal advisors are appointed to government ministries, and restricting the ability of judges to apply the legal principle of “reasonableness.” The initiative was frozen with the formation of a unity government following Hamas’s October 7 attack, but the government has resumed its efforts.

Supporters of the legal overhaul say they want to end years of judicial overreach, while opponents describe the proposals as anti-democratic.
Israeli Attorneys General serve a non-renewable six-year term. (ANI/TPS)