Rule of Judges: The Vice President of the Supreme Court, the Judge Noam Solberg, issued an interim order this evening (Sunday) preventing the government from dismissing the Gali Baharav Miyara Or exclude it from decision-making processes.
The order was issued in response to petitions filed against the measures taken against her.
Solberg wrote: "The government's decision to dismiss the legal advisor to the government will not enter into force, with all that this implies, until another decision is made.".
He added: "During this period, there will be no change in the advisor's powers; in the working procedures between her and the government; in the normative status of the legal advice opinions and the decisions of the prosecution authorities; and no replacement or acting representative will be announced.".
Solberg commented on the minister's decision Shlomo Kerei His office employees ignored Baharav Mayara's legal advice and wrote: "The conduct of the Minister of Communications in our matter is serious; it contradicts fundamental principles regarding the rule of law. The things even take on added validity, considering that the minister instructed his office employees to act as stated. The validity of the opinion of the legal advice to the government remains in our hands.".
However, the judge rejected the motion for "contempt of court" against Minister Kari, "the time has not yet come for taking proceedings under the contempt ordinance.".
Minister Shlomo Kari responded: "Your Honor, Justice Solberg is making a big mistake. The former attorney general's conduct against the government and the Supreme Court's conduct in complete violation of the law is the most serious here. Everyone must respect the law and the rules of the law, both the High Court judges and the former attorney general.".
The minister emphasized: "The law explicitly states that the government has the exclusive authority to appoint and dismiss the legal advisor, and that is how the government acted. The judge's instruction that the government's decision is not valid until judicial review violates the law and explicitly contradicts the language of the law.".
He added: "The absurd reality in which the government's legal counsel acts in complete contradiction to its role and thwarts every step and decision of the government, whose role it is to advise, must not be allowed to continue. The government has unanimously determined that its role is complete - this is our right and legal authority.".
Chairman of Degel HaTorah, MK Moshe Gafni, He responded: "Anyone who didn't understand then what Rabbi Elyashiv ztzu"l forbade a candidate who was asked to be appointed to the Supreme Court - now Justice Solberg has arrived with the knitted kippah and proven to the people and the world that a person who observes Torah and mitzvot has no place on the Supreme Court.".
Last week, the government unanimously approved the advisor's dismissal, but the High Court ruled that the dismissal would not take effect until it ruled on the petitions pending against the move.
The High Court will hear petitions against the removal of the Legal Advisor to the Government on September 3rd in an expanded panel of nine justices.
The judges who will hear the petitions are Yitzhak Amit, Noam Solberg, David Mintz, Yosef Elron, Yael Wilner, Ofer Grosskopf, Alex Stein, Galia Kanfi-Steinitz and Khaled Kabub.
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