Even if we accept the view that during the tenure of this government the position became more sensitive than it had been in the past, it still does not seem appropriate to replace the civil servants of an incumbent government, simply because its policy is different from the policy of the previous government. There should be no doubt about the ability of a civil servant to carry out the government's policy as required by his position, whatever his political views may be. The fact that a certain position is politically sensitive may constitute a counter-consideration to a political appointment, because of a built-in conflict of interest between the political needs of the appointing minister and the needs of the state. It seems that it is precisely the position in question, which governs settlement in many areas of the country and not only in Judea and Samaria, that is liable to create a conflict of interest between the consideration of political considerations and the consideration of state professional considerations by a person who was appointed from the outset due to his political opinions that relate only to some of the areas of the ministry."
- Nor did I find support for the position of my colleague the judge Mintz Shelf Section 6 It is intended to exempt the government from holding any kind of competitive procedure at the time of the appointment of the Commissioner, or that the section was intended to To allow the government flexibility in determining the procedure due to the role of the commissioner in the implementation of its policy. As noted, the discussions that preceded the legislation Section 6 The Appointments Law does not include a reference to the characteristic of the implementation of the policy, but rather to the need to strengthen the status of the Commissioner - against the background of a "constant struggle" in which he is engaged with government ministers - and to prevent his identification with one specific minister or another. In any case, my colleague the judge Mintz states in his opinion, and I agree with this He agreed that "it is difficult to say that the realization of policy is the dominant characteristic of the position of the Commissioner" (at paragraph 83 of his opinion).
- At the same time, my colleague the judge Mintz It is misleading that it is possible and appropriate to take into account "considerations relating to the professional ability of that candidate to carry out the government's policy" - including "his professional positions regarding the manner in which it is implemented" (paragraph 119 of his opinion). In this context, my colleague Justice referred Mintz, by way of comparison, to the judgment in the Jerbi (High Court of Justice 5657/09 The Movement for Quality Government in Israel v. The Government of Israel [Nevo] (November 24, 2009)). In the same case, it was held:
"The principle reason for exempting from a tender for the appointment of a director general to a government ministry is rooted in the accepted view from time immemorial, according to which this is a position that requires a relationship of trust between the minister who heads the ministry, and his director-general, who is responsible for managing the ministry and realizing the policy and objectives imposed on him. Without a basis for a relationship of trust, there is a danger that deep gaps will arise in the perception of the ministry's management role between the minister and the director-general, and the required cooperation between the minister, who represents his ministry's affairs externally and before the government, and the ministry's director-general, who is responsible for the proper management of the internal ministerial system, may be harmed. Recognition of the existence of such a relationship of trust also means recognition of the possibility that there will be a political affinity between the Minister and the Director-General, which expresses, more than once, a common concept of proper policy and the definition of goals, which is part of a relationship of trust that is built between those who hold offices" (ibid., at paragraph 27).