Barakat wants to dismiss, High Court demands evidence: the battle over the Competition Commissioner escalates
Economy Minister Nir Barakat is seeking to dismiss Competition Commissioner Michal Cohen, citing a severe and ongoing crisis of trust. The High Court of Justice unanimously ruled that the Civil Service Commissioner may reject a minister's request that does not disclose a prima facie cause, but added an "additional layer" to the procedural process. The Supreme Court addressed the interpretation of the crisis of trust cause.
Economy Minister Nir Barakat is seeking to dismiss Competition Commissioner Michal Cohen, citing a "severe and ongoing crisis of trust" with her. Cohen was appointed in 2022 for six years, but in early 2024 Barakat approached the Civil Service Commissioner requesting to convene the Appointments Committee to discuss terminating her tenure. The Commissioner rejected the request, arguing there was no legal cause to convene the committee in the absence of a factual basis. The High Court initially ruled that the Commissioner does not have the authority to refuse to convene the committee, but later a request for further discussion was accepted by an expanded panel of five judges. Today, the Supreme Court unanimously ruled that in cases where the minister's request does not disclose a prima facie cause, the Commissioner may convene the committee for a brief preliminary discussion, a sort of "summary dismissal." In doing so, the Court added an "additional layer" to the majority opinion. President Amit dissented from the remarks of Deputy President Solberg, emphasizing that no flaw was found in the caution of the legal counsel to the government given the precedent-setting nature of the procedure. The Court also addressed the interpretation of the "severe and ongoing crisis of trust" cause that stood at the heart of the dismissal request.