High Court Sets Rules for Minister’s Bid to Remove Competition Chief

The dispute

Cohen was appointed Competition Commissioner in 2022 by then-economy minister Orna Barbivai. Five months after Barkat became economy minister in early 2023, he asked Cohen to resign and later sought her removal, alleging a serious and continuing breakdown of trust and criticizing her performance in restraining monopolies and food companies. The previous Civil Service Commissioner declined to convene the appointments committee, relying on the Attorney General’s position that a preliminary examination was required.

What the court decided

The court rejected the Attorney General’s request for a further hearing and upheld the earlier conclusion that the Civil Service Commissioner cannot alone block a minister’s removal request. Instead, the appointments committee must consider the request. If it discloses no even prima facie ground, or contains another clear administrative defect, the committee may use a shortened preliminary procedure—without oral arguments—to reject it at the threshold.

Safeguards for independent officials

Four of the five justices clarified that a claimed loss of trust in a senior officeholder must be objective. Supreme Court President Yitzhak Amit said it must rest on a detailed, solid and objective evidentiary basis showing that the loss of trust arose from professional considerations. The majority emphasized the need to protect senior enforcement and regulatory officials, including the Competition Commissioner, from political dependence and from removal proceedings that could create a chilling effect.

Why Cohen remains in office

Although Barkat’s request is to be placed before the appointments committee, the court clarified that any move to end Cohen’s tenure is currently subject to the rules applying during an election period. Because the committee cannot convene during that period, the removal process cannot presently advance. The source therefore reports that Cohen remains Competition Commissioner for now.

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