Additional Hearing High Court of Justice 30682-08-25 Civil Service Commissioner v. Lavi Civil Rights Proper Administration and Encouragement of Settlement (NPO)

Additional Hearing30682-08-25

Judgment

President Yitzhak Amit:

Additional hearing of the judgment of this court of July 28,2025 in the case of the High Court of Justice 6075/24 [Nevo], in which the majority opinion was accepted (the justices Y.  Elron and A.Stein Against the judge's dissenting opinion Khirbat Kabub) Petition against the decision of the Civil Service Commissioner not to convene the Appointments Committee of the Civil Service Commission to discuss the request of the Minister of Economy and Industry to terminate the term of office of the Commissioner of Competition (hereinafter: The Judgment).  The focus of the judgment was on the scope of the Civil Service Commissioner's authority, and the broad implications that derive from this on the manner in which proceedings for termination of the term of office of senior officers in the civil service are handled.

Appointment Procedures and Termination of Term in the Appointments Committee

1. Even before we dive into the circumstances of the case before us and the questions of principle that are the focus of the further discussion, I will briefly discuss the main points of the normative framework relevant to our case. Given the circumstances of the case at hand, the following analysis will focus on the arrangements that apply to the appointment proceedings and the termination of the term of office of the Commissioner of Competition (hereinafter also: The Supervisor), however, it should be emphasized, as explained below, that these proceedings have implications for a number of senior officers in the public service with similar characteristics.

The Ottoman Settlement [Old Version] 19162.      The issue of the appointment of the Competition Commissioner is regulated In the section 41(A) Law Economic Competition, 5748-1988 (hereinafter: The Economic Competition Law), which states as follows:

12-34-56-78 Chekhov v.  State of Israel, P.D.  51 (2)

The Supervisor

41. (a) The Government shall appoint, upon the proposal of the Minister, a Commissioner of Competition; the Commissioner shall be a civil servant.

In this context, it should be clarified that in accordance with the accepted interpretive rule, the power to appoint also includes the power to suspend or terminate the term of office of a person appointed to the position (Section 14 Law Interpretation, 5741-1981 (hereinafter: Interpretation Law); See also: High Court of Justice 18225-06-25 Gilon v.  Government of Israel, paragraph 3 [Nevo] (14.12.2025)).

3. Taking into account the fact that the provision of the law does not set rules regarding the appointment of the Competition Commissioner, the Government has established over the years a series of arrangements that are intended to understand the process of exercising the government's authority in relation to the appointment and dismissal of the Commissioner - as well as in relation to a number of other senior officials in the public service. These arrangements, as detailed below, imposed procedural and substantial restrictions on the dismissal process, with the aim of protecting the independence and statehood of the public service, while maintaining the ability of government ministers to implement their policies in their areas of activity.
4. The first decision that is relevant to our matter is Resolution 345 of the 28th Government: "Positions for which appointment is made by the government or with its approval - exemption from a tender according to Section 21 Law Civil Service (Appointments), 5719-1959" (September 14,1999) (hereinafter: Resolution 345)). Section 4 of Resolution 345 establishes an exemption from a tender according to Section 21 Law Civil Service (Appointments), 5719-1959 (hereinafter: Civil Service Law) for a limited number of senior officers in the public service, as follows:

"4.  Exemption from a Tender - Special Procedure

1. a) In accordance with Section 21 of the Appointments Law [Civil Service Law - 10], an additional limited number of positions, as detailed below, to be exempted from a public tender for a limited number of positions, which are senior positions in which the implementation of the Minister's and/or Government policy is not the dominant characteristic of the position, and from one of the following two types:

(1) Jobs that are characterized by a distinctly professional/scientific aspect or