The Red Queen: 'What a slow country! Here, on the other hand, you have to run as fast as you can to stay in the same place.'"
(Lewis Carroll through the mirror and what Alice found there (René Letwin, translated 1997)).
- My position on the questions on the agenda I have already expressed, in the judgment that is the subject of further discussion. My opinion - as expressed there, and has not changed since then - is the opinion of my colleagues, Justice D. Mintz and Justice Willner: there is no reason in law to oblige the government to hold a competitive proceeding, prior to appointment to the position of Civil Service Commissioner; the reasons underlying this decision also remain as they were. Therefore, in this matter I do not see the need to repeat and elaborate, and I will suffice with a brief mention of what has already been put in writing. Next, I will turn to a slightly broader view of the proceeding at hand.
The Body of Things
- As stated, I do not believe that there is a reason in law to obligate the government to conduct a competitive proceeding, prior to the appointment of the Civil Service Commissioner. The reasons with which the petitioners (which have now been given to the respondents) are all rooted in the desired areas of law, according to their approach. The problem is that this is not enough to bring us to intervene in the government decisions on the agenda; Such a move was required to be based on the existing law, and as such, it was not done. And what are those elements of the law that decide the litigation before us? In this regard, I have devoted my opinion in the judgment that is the subject of the additional hearing, so that the applicant for expansion will refer to the examiner there; At this point in time, I will suffice with presenting the main points of my reasoning, "On One Foot":
(-) Provision of the Law: Section 6 Law Civil Service (Appointments), 5719-1959, which deals with the appointment of the Civil Service Commissioner, Moreno Kahai Lishna: "The government will appoint a civil service commissioner (hereinafter - the Service Commissioner); The tender obligation will not apply to his appointment in accordance with section 19 and notice of the appointment will be published in the Official Gazette." (emphasis added - v. S.). We see that the legislature explicitly gave its opinion on the manner in which the service commissioner was appointed, and saw that the position should be exempted from all the competitive proceedings - the tender obligation. Therefore, the legislature decided - a determination that also indicates the manner in which it viewed the position - I do not believe that there is room to introduce the competitive process nevertheless, through the back door, by means of judicial review of the administrative discretion exercised by the government with regard to the method of appointment.