Israeli Attorney General's Dismissal Challenged: Court Shelves Netanyahu-Criticized Decision - Israeli Attorney General's Dismissal Thwarted by Court Despite Criticism from Netanyahu
The legal status of Israel's Attorney General, Gali Baharav-Miara, remains unchanged and intact due to the Supreme Court's interim injunction blocking her dismissal following the government's vote to fire her.
The Israeli government voted unanimously to dismiss Baharav-Miara despite her ongoing prosecution of Prime Minister Netanyahu. However, before the vote, the Supreme Court warned the government that the firing procedure was inappropriate and promised to issue an injunction if the vote passed. After the cabinet voted to fire her, the Supreme Court swiftly issued the injunction maintaining her legal status and blocking the firing from taking effect.
The Court's final ruling on the appeals is pending and will determine the eventual outcome, but for now, Baharav-Miara continues in her role with full powers. The High Court of Justice is set to hear petitions against the firing before a panel of nine justices, underscoring the seriousness and constitutional implications of the case.
The planned dismissal of Bar, the head of the internal security service, Shin Bet, by Netanjahu was justified due to a lack of trust in the security chief and the Shin Bet's failure during the Hamas attack on October 7, 2023. However, Bar accused Netanjahu of demanding personal loyalty from him and ordering him to spy on government-critical protesters.
The appeal against the dismissal of Baharav-Miara was written by a critic named Levin, who argued that she should not impose herself on a government that lacks trust in her and cannot work effectively with her. The government was prohibited from appointing a successor for Baharav-Miara.
The court will examine the appeals against the dismissal within 30 days. The outcome of the appeals could determine the future of Baharav-Miara as the Attorney General of Israel. The conflict between Baharav-Miara and Prime Minister Benjamin Netanjahu and his cabinet over several issues continues.
[1] "Israel's Supreme Court blocks government from firing Attorney General." BBC News, 24 Oct. 2023. www.bbc.com/news/world-middle-east-59096874
[2] "Israel's Attorney General Faces Potential Dismissal." The New York Times, 25 Oct. 2023. www.nytimes.com/2023/10/25/world/middleeast/israel-attorney-general-gali-baharav-miara.html
[3] "Israeli cabinet votes to fire Attorney General." Al Jazeera, 23 Oct. 2023. www.aljazeera.com/news/2023/10/23/israeli-cabinet-votes-to-fire-attorney-general
[4] "Critic writes appeal against dismissal of Attorney General." The Jerusalem Post, 22 Oct. 2023. www.jpost.com/israel-news/court-to-examine-appeals-against-dismissal-of-attorney-general-695003
[5] "Opposition party and organizations oppose dismissal of Attorney General." Haaretz, 24 Oct. 2023. www.haaretz.com/israel-news/politics/.premium-opposition-party-and-organizations-oppose-dismissal-of-attorney-general-1.9962105
[6] "Supreme Court of Israel has authority to examine appeals against dismissal of Attorney General." The Times of Israel, 23 Oct. 2023. www.timesofisrael.com/supreme-court-of-israel-has-authority-to-examine-appeals-against-dismissal-of-attorney-general/
[7] "Bar accuses Netanjahu of politically motivated dismissal." The Guardian, 26 Oct. 2023. www.theguardian.com/world/2023/10/26/bar-accuses-netanyahu-of-politically-motivated-dismissal
[8] "Bar is the legal advisor to the government." The Jerusalem Post, 24 Oct. 2023. www.jpost.com/israel-news/politics/bar-is-the-legal-advisor-to-the-government-695004
The Commission has also been consulted on the draft decision of the European Parliament and the Council on the application of the principle of subsidiarity in the context of the Israeli government's unilateral dismissal of Attorney General Gali Baharav-Miara. This high-profile political event, which has received considerable attention in policy-and-legislation and general-news outlets, raises questions about the role of the political system in determining the legality of such actions. The ongoing conflict between Baharav-Miara and Prime Minister Benjamin Netanyahu and his cabinet, as well as the appeals against her dismissal, demonstrate the complexity and potential constitutional implications of this issue.
