(2) Positions of a regulatory nature, in which the subject is responsible for safeguarding the public interest in a defined area, and for this reason a great deal of independence and professional independence is required of him" [emphases added].
Copied from Nevo One of the officers included in the above second category - i.e., senior positions of a regulatory nature that are in charge of the public interest and require a great deal of independence and independence - is the Competition Commissioner (then by the previous name "the Antitrust Commissioner"). As an example, it should be noted that this category also includes (in their current title) the National Statistician, the Chairman of the Electricity Authority, and the Ombudsman of the Ministry of Health. In this regard, it was determined that instead of a tender process, those officers will be selected by the government in accordance with the proposal of a search committee.
[It should be noted that an additional category mentioned in paragraph 1 of Resolution 345 relates to senior officers "whose subjects are responsible for the implementation and implementation of government policy, and therefore require a high degree of trust and coordination between such officers and members of the government" (as opposed to positions of trust such as directors general of government ministries). This category includes positions such as the Director General of the Economy and State Revenue Division (currently, the Chief Economist) and the Commissioner of Wages and Labor Agreements. It should be emphasized that the Commissioner of Competition does not fall into this category, as does the other types of categories detailed in Sections 2 and 3 of Resolution 345].
- Subsequently, on September 7,2008, the 31st Government passed Resolution 4062 "Determining the Term of Service of Senior Officers in the Civil Service" (hereinafter: Resolution 4062). This decision established a structured mechanism for determining the term of office of senior officers in the public service, according to categories that deal with the characteristics of those positions. Relevant to our purposes is Category A, entitled "Allocation of one non-extendable term of office" and which applies to "senior managerial positions of heads of large systems in the civil service" or "Senior managerial-professional positions in which the independence and independence of the officer are of particular importance, such as: positions in which the subjects are in charge of law enforcement, integrity and regulation". Resolution 4062 was based on the concept that in view of the independence required on the part of these officers, it was necessary to ensure that their term of office would not be subject to political pressure.
Following this decision, and following the work of a professional team, Resolution 4470 of the 31st Government was adopted, "List of Senior Positions in the Civil Service to which the Arrangement Regarding the Determination of the Term of Service and the Duration of the Term of Office or the Period of Service Determined for Each Position" (February 8,2009) was adopted, in which it was determined that the term of office of the Competition Commissioner would be six years. This was in view of the fact that the position was assigned to the category of "senior managerial-professional positions in which the independence and independence of the officer are of particular importance, such as: positions whose subjects are in charge of law enforcement, integrity and regulation" (Section 2.a(1)(b) of Resolution 4062).
- We will return to Resolution 4062, which adds and regulates various provisions regarding the manner of termination of the term of office of senior officers. In particular, the decision states that the term of office of an officer will not be terminated during his fixed term of office, but rather according to the recommendation of the Advisory Committee for Senior Appointments (Section 4.A of Resolution 4062). It should already be noted that in accordance with a later decision - Resolution 1148 of the 34th Government, "Determining the Term of Term of Office of Senior Officers in the Civil Service - Amendment of the Government Decision (Termination of Term)" (February 14,2016) (hereinafter: Resolution 1148) - In place of the Advisory Committee for Senior Appointments, it was determined that the relevant committee for the discussion of the officers that are the subject of this proceeding is the Appointments Committee under the Civil Service Law (hereinafter: Appointments Committee or The Committee. See also: Resolution 4892 of the 27th Government "The Appointments Committee headed by the Civil Service Commissioner - Amendment to Government Decision No. 516 of August 14,1960" (March 7,1999)). In this regard, it should be noted in summary that the committee is composed of the Civil Service Commissioner (hereinafter also: The Commissioner), who serves as the chairman of the committee, as well as from two public figures who are selected on a rotational basis from a list formulated by the prime minister after consultation with the attorney general and the civil service commissioner. In this sense, the composition of the appointments committee is not fixed and it convenes ad hoc to the extent necessary.
- In addition, Resolution 4062 further establishes the grounds for which an officer may be terminated during his or her fixed term of office:
"The committee may recommend the termination of the employment within the term of office allotted to the position or during the period of the appointment, if it is proven to its satisfaction that one of the following is fulfilled: