Tel Aviv, December 14 — Israel’s Supreme Court on Sunday overturned the government’s decision to remove Attorney General Gali Baharav-Miara, ruling the dismissal void and ordering that she remain in office. The seven-justice panel said the move to dismiss her was procedurally flawed and lacked a legal foundation, emphasizing that the rule of law applies to all state authorities.
The court found the government’s August actions were applied retroactively without proper consultation, alternatives, or a solid factual and legal basis. Justices criticized the rushed process and noted it departed sharply from the Shamgar Committee’s recommendations, which aim to safeguard the Attorney General’s independence from political pressure.
A planned hearing on petitions challenging the dismissal was canceled earlier this month after the government declined to send representatives. Supreme Court President Yitzhak Amit said holding a hearing ‘‘in front of an empty court’’ would be pointless. Justice Minister Yariv Levin accused the court of prejudging the issue.
Political reactions were swift and sharply divided. Communications Minister Shlomo Karai called the ruling illegal and urged the government to ignore it, arguing that dismissing a legal adviser is solely the government’s prerogative; he also pushed to block Baharav-Miara from government offices and to appoint a replacement. Opposition leader Yair Lapid welcomed the decision, saying, “We will continue to fight for the Israeli rule of law.” Leaders of the Protest for Democracy movement said the ruling demonstrates that attempts to oust the Attorney General and undermine judicial independence will not succeed.
Tensions between the government and Baharav-Miara have persisted since the coalition took office at the end of 2022, with mutual accusations of overreach. The broader dispute ties into the government’s contested judicial overhaul — proposals to change how judges are appointed and removed, allow Knesset overrides of certain High Court rulings, alter ministry legal-adviser appointments, and limit the courts’ use of the ‘‘reasonableness’’ doctrine. That overhaul was paused after the October 7 Hamas attack but has since resumed.
Israeli Attorneys General serve a single six-year term.
