Judge Dafna Barak-Erez:
- I agree with the judgment of my colleague the President Y. Amit I would like to add a few emphases in this context.
- The Procedure in the Appointments Committee and the Concern of Deterrence by Officials - Alongside the fact that we do not fully accept the original position of the Legal Counsel regarding the authority of the Civil Service Commissioner to decide on his own regarding the very convening of the Appointments Committee, it is important to reiterate that the policy considerations that underpinned it - from the perspective of the concern of excessive deterrence by officers - were valid and appropriate considerations. When an officer is summoned to a hearing before an appointments committee that convenes to discuss the question of his dismissal, the very existence of such a proceeding entails considerable damage - emotional, image, and financial damage (when taking into account the legal expenses involved in appropriate preparation). This is one of the cases in which the proceeding is part of the "punishment" (in the spirit of the well-known saying) The process is the punishment). The solution proposed in this judgment, which emphasizes the committee's authority to hold a preliminary hearing on the question of whether a full proceeding should be held in the application for the removal of the officer, provides a response to the justified concerns that were raised.
- The Cause of an Acute and Ongoing Crisis of Trust - In this context, I would like to further emphasize why the rejection of the position that adds "subjective" content to this ground is a matter of fact. The purpose underlying the existence of the Appointments Committee focuses on the known importance of an objective examination of the justification for terminating the term of office of a functionary who is supposed to be of a professional-independent nature. Such independence is not possible if it depends on the "feeling" of the minister in charge. In any case, the Appointments Committee's work tools are adapted to clarifying factual aspects, and not "matters of the heart". Indeed, the present proceeding is not focused on the concrete facts, but rather on the halakhic-principled aspect, but it is not superfluous to note that the Minister asked the Commissioner of Competition to resign from her position within a relatively short period of time from the beginning of his term - a period that ostensibly raises a question mark regarding the authentic formation of a severe and ongoing crisis of confidence that prevents efficient and proper functioning. In any event, as stated, the main thing is that the matter must be examined through objective lenses, and we are not to decide on the merits of the matter at this time.
- At this stage, I have examined the positions of my colleagues here and there with regard to the legal advice to the Government in the proceeding before us. I will suffice to say briefly that I concur with the comments of my colleague the President Associate In this regard, for all his reasons.
- Finally, the importance of the independence of the officers in charge of enforcing the law cannot be overstated. This independence is one of the foundations of the protection of the rule of law. I am of the opinion that the principles that we discussed in this judgment will help to protect it.
Dafna Barak-ErezJudge
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