Civil Appeal Authority 775/11 Avraham Flexer v. State of Israel – Israel Police - part 38

President A.  Grunis:

I agree with the judgment of my colleague Judge A.  Hayut.

Vice President M.  Naor:

I agree with the judgment of my colleague the judge A.  Hayut, with all its parts.

Judge S.  Jubran:

I agree with the comprehensive and in-depth judgment of my colleague Justice A.  Hayut.

Justice N.  Hendel:

I agree with the judgment of my colleague Judge A.  Hayut.  In my humble opinion, the judgment is not only in accordance with the language of the law, but also outlines a desirable policy that will assist in the development of the law on an important public issue.

Judge Y.  Amit:

1. I agree with my colleague the judge Animals Almost all the way, except on the last alignment of the route. In my opinion, which I will briefly explain below, judicial review should be applied according to Rules of Administrative Law also to examine the fulfillment of the immunity conditions of a public authority employee.

I will note that the question of whether a distinction should be made between the manner of judicial review of the immunity of a civil servant and the judicial review of an employee of the public authority has been the subject of intense controversy in the trial courts for several years, and the time has come to establish a precedent on the matter (for the various opinions, see, for example, the decision of President Gerstel inCivil Case (Central District) 13773-04-12 Maman v.  Israel News Company in Tax Appeal [Published in Nevo] (December 10, 2012), where it was determined that a factual examination must be conducted in accordance with the rules of civil law and the burden is on the public authority; For a similar view, see, for example, the decision of Justice Hadid inCivil Case (Shalom Chai) 23970-07-11 Yahav v.  Borowski [Published in Nevo] (9.3.2012); Judge Eisenberg's decision in a civil case (Shalom Safed) 41872-09-12 Meltzer v.  Maimon Barak [Published in Nevo] (March 20, 2013) and the references therein.  For a dissenting opinion, see, for example, the decision of Justice Assi inCivil Case (Shalom Jerusalem) 24938-01-12 Peled v.  Blumenfeld [Published in Nevo] (9.7.2013); Judge Boulos's decision inCivil Case (Shalom Acre) 24606-07-13 Hadar v.  Ben Ezra [Published in Nevo] (January 27, 2014) and the references therein).