US EditionSupreme Court Reverses Decision: Appointment of Civil Service Commissioner without Competitive Process
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5 Articles
In a majority opinion, the Supreme Court ruled that there is no obligation to enshrine a permanent competition mechanism in law, and adopted the government's position, after last May it was ruled to the contrary. President Amit and Barak-Erez remained in the minority opinion, and the Attorney General did not represent the government in the proceedings.
The decision that overturns a previous decision of the court on the issue was made by a majority, in another hearing in an expanded composition on halacha at the request of the government. • The Deputy President, Justice Noam Solberg and Justices David Mintz and Yael Wilner, decided against the dissenting opinion of Supreme Court President Amit and Justice Dafna Barak-Erez.
In an unusual decision that will change the rules of the game in senior civil service appointments, the Supreme Court, in an expanded composition, ruled today (Tuesday) that the appointment of the Civil Service Commissioner does not require a competitive process - in complete contradiction to the position of the Legal Advisor to the Government. The decision overturns a previous High Court decision that determined that the appointment requires a…
The High Court ruled that the government is entitled to appoint the Civil Service Commissioner through a special appointments committee, without the need for a competitive process. The majority opinion noted that it had not been proven that political considerations were involved, but recommended a permanent mechanism for future appointments.
By a majority of three judges to two, the High Court ruled in another hearing that there is no need for a competitive process to appoint the Civil Service Commissioner, and that the process will continue as it has been until now. The decision is completely contrary to the position of Supreme Court President Yitzhak Amit, and the position of Attorney General Gali Baharav Mayara. Judge Solberg severely criticized and sent a strong hint to Yitzhak …
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