Against this background, it is clear that procedures for termination of the term of office of officers characterized by independence of discretion require extreme caution. They must conduct themselves in accordance with an independent, orderly, structured and controlled mechanism, and no less importantly - conduct themselves at the appropriate speed, in order to minimize the consequences of the uncertainty that hovers over the officer like a cloud as long as the question of his continued tenure is pending.
- It should be clarified: the fear of abuse of the termination proceedings cannot in itself establish a source of authority out of thin air. However, for our purposes, there is certainly room to take these considerations into account when examining the manner in which the committee operates as a whole, in accordance with those powers granted to it by law. Thus, in my opinion, it is possible to address the concern about the "chilling effect" by means of the existence of Preliminary and Shortened Procedure to be held by the Appointments Committee Power. As explained below, such a preliminary proceeding falls within the authority of the committee itself, and its purpose is to discuss the minister's request expeditiously, with as little harm as possible to the issue of the position; This is where the minister's request lacks prima facie cause or is tainted by some other clear administrative defect.
- and in more detail. From the moment a request has been filed to initiate a proceeding for termination of office on behalf of a minister, the Commissioner must convene the Appointments Committee in accordance with my determinations above. The Commissioner, as Chairman of the Committee, is given auxiliary procedural powers, including the authority to determine the Committee's work procedures if they have not been determined, as well as its modus operandi (see also Section 6 of the Commissioner's Directive; Section 7 of the updated Directive). In this context, I see no impediment to the Commissioner using these procedural powers in order to raise to the Committee's agenda a proposal for a preliminary and expedited hearing, which is a kind of "outright rejection" of the Minister's request (hereinafter: The Shortened Procedure). This is in those cases in which the Commissioner is of the opinion that the Minister's request does not reveal grounds, even prima facie, or that it has some other clear administrative flaw that necessitates its "dismissal out of hand".
The committee as a whole is empowered, as stated, to consider the Minister's request on its merits, and therefore, it is clear that it is also able to discuss it in the deliberative format of a summary proceeding, to the extent that it finds that the circumstances brought before it justify it. To be precise, the determination that a body that is authorized to hear a proceeding on its own merits, may, in certain circumstances, also reject the proceeding in limine, is accepted in many other contexts in our approach [as is well known, a well-known example in this context is a procedure of dismissal in limine and without a hearing of a petition submitted to the High Court of Justice].Regulation 5 For the Regulations The Procedure of the High Court of Justice, 5744-1984). Another example is the Knesset Ethics Committee, which is entitled to reject a complaint against a member of Knesset outright if it believes that it has no facts or evidence; the complaint is annoying or annoying; or the clarification of the complaint is of no interest to the public. In this context, the chairman of the Ethics Committee may even suggest to the committee that the complaint be dismissed outright (section 6 of the Procedure of the Knesset Ethics Committee "Procedure Ethics for Members of Knesset (Complaints)" (February 25,1986)). Similarly, the Ethics Committees of the Israel Bar Association are also entitled to dismiss complaints against lawyers out of hand (Sections 5.2.4 and 7.1.1 of the Procedure of the National Ethics Committee's "Procedure Handling Complaints and Reports of Disciplinary Offenses by the Ethics Committees" (December 1,2023)). See and compare also: Regulation 7(a)(2) Courts Regulations For Administrative Matters (Procedures), 5761-2000; Section 1813)II)(1) Law Equal Opportunities at Work, 5748-1988; Regulation 27(III) For the Regulations Execution, 5740-1979; Regulation 10(1) For the Regulations Entry into Israel (Procedures and Administration in the Appeals Tribunal), 5774-2014; Regulation 3(II) For the Regulations Planning & Construction (Appeal to the National Council), 5732-1972; and more].