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Civil Case (Nazareth) 61279-01-22 Anonymous v. Israel Police – Border Police Division - part 2

August 22, 2022
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(2)  Appeal of the subscriber in the Second Addendum (hereinafter - administrative appeal);

(3)  an action listed in the Third Addendum (hereinafter - an administrative action);

(4)  An administrative matter or other matter that is determined by another law that will be heard by the Court for Administrative Matters, and subject to the provisions of that law."

The relevant reference to police matters is found Item 37 For the first addendum:                              "37.            "Policemen And the guards -

(1)  A decision regarding the appointment in section 93A of the Police Ordinance [New Version], 5731-1971, excluding any decision relating to the appointment of the Inspector General of the Police;

(2)  A decision regarding the appointment in section 129 of the Prisons Ordinance [New Version], 5732-1971, with the exception of any decision relating to the appointment of the Commissioner of Prisons;

(3)  Decision under Sections 73 and 81 of the Civil Service (Pensions) Law [Consolidated Version], 5730-1970."

From the aforesaid, it emerges that the Court for Administrative Affairs has no exclusive jurisdiction in any of the matters relevant to the claim before me, when a remedy of monetary compensation is sought for an alleged mental state, following the negligence of the defendants.

  1. The main reasoning in the defendants' motion for summary dismissal is based on Instruction Section 93A 30Police Ordinance 30The Police Ordinance [New Version] 5731-1981which states:

"93A.  Relations that are not employee-employer relations

(a) An action that objects to the use of the powers given under this Ordinance with respect to the appointment of a senior police officer, the appointment of a police officer to the position, his transfer from one position to another or from one place to another, his promotion or demotion in rank, his suspension from his position, his dismissal from the Corps, the extension of his service due to an emergency, his employment in work outside his duties within the framework of the police, or his discharge from service shall not be considered as a claim arising from an employee-employer relationship for the purpose of section 24 of the Labor Courts Law.  1969."

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