Tel Aviv [Israel], December 14 (ANI/TPS): Israel’s Supreme Court on Sunday overturned the government’s decision to dismiss Attorney General Gali Baharav-Miara, ruling she will remain in office. The court found the dismissal procedurally flawed and lacking legal basis.
“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 seven-justice panel said, stressing that the rule of law applies to all state authorities and noting the “great discomfort” caused by the government’s conduct.
The dispute centers on the government’s August move to remove Baharav-Miara. The court said the procedural changes were applied retrospectively, without consultation, alternatives, or a proper factual and legal foundation. It criticized the process as rushed and departing sharply from the Shamgar Committee’s recommendations, which were designed to protect the Attorney General’s independence from political pressure.
Earlier this month a scheduled hearing on petitions challenging the dismissal was abruptly canceled when the government declined to send representatives. Supreme Court President Yitzhak Amit commented that holding a hearing “in front of an empty court” was pointless. Justice Minister Yariv Levin accused the court of prejudging the matter.
The ruling drew swift political reactions. Communications Minister Shlomo Karai called the decision illegal and urged the government to ignore it, asserting that dismissing a legal advisor is the government’s sole legal authority; he also urged blocking Baharav-Miara from government offices and appointing a replacement. Opposition leader Yair Lapid welcomed the decision, saying, “We will continue to fight for the Israeli rule of law.” Protest for Democracy leaders said the ruling shows efforts to oust the Attorney General and attack judicial independence will fail.
Tensions between the government and Baharav-Miara have persisted since the coalition took power at the end of 2022, with mutual accusations of overreach: the government says she has repeatedly thwarted its policies, while she contends the government has acted unlawfully and pushed unconstitutional legislation.
The government’s contested judicial overhaul—opposed by Baharav-Miara—includes proposed changes to appointing and removing judges, allowing the Knesset to override certain High Court rulings, altering how legal advisers are appointed to ministries, and limiting judges’ use of the “reasonableness” doctrine. The overhaul was paused with the formation of a unity government after the October 7 Hamas attack but has resumed.
Israeli Attorneys General serve a non-renewable six-year term. (ANI/TPS)
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