Equality
- It was also determined in the judgment of my colleague, the judge Barak-Erez, because considerations of equality also lead to the imposition of an obligation on the government to conduct a competitive process for the appointment of the commissioner. This is in view of the obligation to maintain a competitive and equal decision-making process, which is the implementation of the general duty to ensure equal opportunity. However, I do not believe that there is a general obligation in the law to ensure an equal opportunity in relation to running for each and every position in the public service. In fact, the very recognition of the activities of the Advisory Committee for Appointments to Senior Positions and of the Appointments Committee - in which a non-competitive process for the appointment of senior officials in the civil service is conducted, as aforesaid, shows that there is no general obligation of this kind. Therefore, in my opinion, the argument at hand does not lead to the obligation of the government to conduct a competitive process for the appointment of the Civil Service Commissioner.
Conclusion
- The conclusion that emerges from all of the above is that None By order Section 6 of the Law and the Rules of Administrative Law, in order to Charge The government should conduct a competitive process for the appointment of the Civil Service Commissioner. As explained above, I have not found that the arguments based on the grounds of extraneous considerations, reasonableness, conflict of interest and equality are sufficient to impose such an obligation on the government.
Conclusion
- In light of all of the above, I concur with the conclusion of my colleague, the judge Mintz, that the judgment that is the subject of the further hearing should be revoked, and Resolution 2344 should be left in place.
| Yael Willner
Judge |
Vice President Noam Sohlberg:
"Alice: 'In our country, you would usually end up somewhere else, if you ran very fast and for as long as we did.'