The High Court of Justice decided on Tuesday that the government is not required to appoint a civil service commissioner (CSC) via a competitive process, reversing a previous decision by Supreme Court President Isaac Amit.
Civil Service Law stipulates that the commissioner be appointed by the government through a process exempt from tender. Historically, the government decided who to appoint to the position using a special appointments committee headed by a retired judge and including public representatives.
The majority opinion, written by Justice David Mintz, asserted that there was no reasonable legal basis for changing the law as written. It also noted that the law does not preclude appointing a commissioner through a competitive process if the relevant parties decide that is the best course of action.
Moreover, the court reinforced a 2018 government decision that a permanent appointment method must be established.
Conversely, the minority opinion, written by Amit and Justice Daphne Barak-Erez, argued that exemption from a formal tender does not eliminate the requirement for a competitive appointment process. The current system of appointment, Amit argued, gives the upper echelons of the Israeli political world (in particular, the prime minister) undue influence, claiming that past decisions have not been based solely on professional considerations.
Barak-Erez emphasized the inherent difficulty in the prime minister's involvement in the CSC appointment, given the commissioner's role in appointing and dismissing senior law enforcement officials.
Netanyahu appoints new interim Civil Service commissioner
In May, the High Court of Justice ruled that the prime minister must appoint a permanent CSC via a competitive procedure. Prime Minister Benjamin Netanyahu subsequently appointed the Foreign Affairs Ministry Director-General, Eden Bar Tal, to serve as interim civil service commissioner.
The CSC is the official supervisor of the state’s tens of thousands of public-sector workers. Their authorities include chairing numerous appointment and firing committees for high-level positions; approving government requests to recruit employees without a tender; implementing government policy on the public sector; and more.