Israel’s High Court Blocks Netanyahu Cabinet’s Attempt to Oust Attorney General, Citing Procedural Flaws

By / / Breaking News

Key Takeaways

  • Israel's High Court of Justice unanimously ruled that the Benjamin Netanyahu cabinet's decision to dismiss Attorney General Gali Baharav-Miara is null and void, effectively reinstating her to her position.
  • The court's expanded panel of seven justices cited numerous procedural flaws, a lack of legal foundation, and a deviation from established guidelines in the government's attempt to remove the country's top legal advisor.
  • The ruling represents a significant blow to the Netanyahu government, underscoring the ongoing judicial-executive tensions and affirming the independence of the Attorney General's office, which oversees the Prime Minister's corruption trial.
  • The government was also fined 90,000 shekels (approximately $28,000) for the petitioners' expenses.

Israel's High Court of Justice on Sunday delivered a decisive ruling, unanimously overturning the Benjamin Netanyahu cabinet's decision to oust Attorney General Gali Baharav-Miara. The court declared the dismissal null and void, ensuring Baharav-Miara will continue to serve in her critical role. This landmark decision by an expanded panel of seven justices highlighted significant procedural irregularities and a lack of proper legal basis in the government's actions.

The controversy stems from the government's unanimous vote in August to dismiss Baharav-Miara, following months of escalating tensions. The Supreme Court found that the government's attempt to change the mechanism for terminating the Attorney General's tenure was conducted in a "lightning-fast process" and "without organized staff work," sharply deviating from the recommendations of the Shamgar Committee, which established guidelines to ensure the Attorney General's independence. The court also noted the absence of consultation with professional bodies and a failure to consider alternative solutions.

Justice Minister Yariv Levin sharply criticized the court's decision, accusing the justices of being "activists and extremist activists" and claiming that no other court in the world would impose an attorney general in whom the government has no confidence. Conversely, Opposition Leader Yair Lapid praised the ruling, stating, "We will continue to fight for the rule of law in Israel."

The Attorney General's office plays a crucial role in Israel, serving as the government's chief legal advisor and heading the state prosecution, which includes overseeing Prime Minister Netanyahu's ongoing corruption trial. Baharav-Miara has consistently maintained that the government has been acting unlawfully and advancing unconstitutional legislation, while the government has accused her of "serially thwarting its policies and actions." The court's ruling reinforces the principle of the rule of law and the judiciary's role in upholding checks and balances within the Israeli political system.

Disclaimer: This article is for informational purposes only and does not constitute financial advice. We are not financial professionals. The authors and/or site operators may hold positions in the companies or assets mentioned. Always do your own research before making financial decisions.
Scroll to Top