Israel's Attorney General Gali Baharav Miara has made it clear to the High Court of Justice that the decision to change the way in which the Civil Service Commissioner is chosen is illegal. "We are talking about a major measure in changing the civil service from professional to political," she warned.
In a decision taken by the cabinet last month, it was decided that the next Civil Service Commissioner will be appointed by the cabinet and that the appointment would be examined by an advisory committee on which one of the members would be appointed by the cabinet itself.
In response the Attorney General made it clear that the cabinet decision creates a new situation in which the prime minister himself can choose for himself the person that he wants to be Civil Service Commissioner, without that person needing to meet the minimum threshold of professional experience, abilities and suitability for the position. "For this reason, the decision, deviating from the commissioner's appointment in the past, is illegal," the state wrote.
The state added, "The public interest here has a heavy burden to ensure and to make sure that the candidate appointed to this position has all the qualifications and experience for the position, but this has not been protected in the decision that was made, and the public interest was not given sufficient weight," the response read.
"The role of the Civil Service Commissioner is to prevent improper appointments or dismissals in the civil service. "It is the Civil Service Commissioner who is able to steer and shape the face of the civil service during their six years in office," the state wrote to the High Court. "It is difficult to overestimate the importance of this job as a gatekeeper."
Baharav Miara continued in her response that there is reason to issue an interim order that will suspend implementation of the cabinet's decision until the petitions on the issue are decided. Today, the cabinet will discuss extending the term of the current Commissioner by three months, as a temporary solution to the fact that a new commissioner has not yet been appointed.
Published by Globes, Israel business news - en.globes.co.il - on September 8, 2024.
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