In a significant ruling published recently, the High Court of Justice rejected the position of the Attorney General, Adv. Gali Baharav-Miara, and established clear boundaries for the powers of the Civil Service Commissioner regarding the termination of high-ranking officials. The case involves the Minister of Economy's request to terminate the tenure of the Competition Commissioner, Adv. Michal Cohen, a move that faced barriers from the then-Civil Service Commissioner, Prof. Daniel Hershkowitz. According to a Walla report, the dispute stems from allegations raised by the Minister in January 2024, citing a clear lack of suitability for the role and a persistent crisis of trust between himself and the Commissioner, who was appointed in 2022.
Despite the Minister’s request, the Civil Service Commissioner chose not to forward the matter for discussion before the Appointments Committee, a decision that led to a petition to the High Court of Justice. After the High Court ruled in July 2025 that the Commissioner had exceeded his authority, a request for a further hearing before an expanded panel was submitted. However, the Court has now rejected the Attorney General’s position and the state's arguments, reaffirming its original ruling. Supreme Court President Yitzhak Amit emphasized that in the circumstances, there was no justification for preventing the committee from convening.
Furthermore, Deputy President Noam Sohlberg sharply criticized the government's legal counsel, claiming that the Commissioner was presented with a distorted legal picture. Sohlberg also expressed dissatisfaction with the protracted delays in handling the request, which began in early 2024, noting that stalling the procedure for over two years results in denied justice. It is important to emphasize that the High Court’s ruling does not constitute a decision on the merits of the dismissal request, and the Court did not determine that the Commissioner must be removed. The decision focuses on the procedural aspect: the authority to decide whether to continue the dismissal process rests with the Appointments Committee, which may decide to close the file if necessary, rather than the Commissioner alone. Now that the injunction delaying the proceedings has been lifted, the matter may return to the committee. However, it should be noted that as Israel is in an election period, the continuation of the process will be subject to the relevant rules and guidelines for this sensitive period.