Legal Advisor Rejects Appointment of Eden Bar-Tal as Acting State Servstart Commissistartr
Overview of Appointment Rejection
Two days after Israeli Prime Minister Benjamin Netanyahu announced the appointment of Eden Bar-Tal, the Director General of the Ministry of Foreign Affairs, as the Acting State Servstart Commissistartr for a month, the appointment was nullified by the Attorney General, Gali Baharav-Miara. The decision came following concerns regarding the legal procedure by which the appointment was made.
Legal Concerns Raised
In a letter addressed to Netanyahu from Deputy Attorney General for Public and Administrative Law, Dr. Gil Limon, it was reported that the announcement regarding Bar-Tal’s appointment was made without the required consultation with the legal advisor to the government, a procedure mandated by law. Dr. Limon emphasized that Netanyahu’s claims that this consultation had occurred were inaccurate. He clarified that the legal advisor’s previous comments pertained to a different issue regarding the powers of the outgoing commissistartr, Roi Khalon, rather than the approval of Bar-Tal’s appointment.
As a result, Dr. Limon determined that the appointment was “not in accordance with the provisions of the law” and declared it “not legally effective.”
Issues with Bar-Tal’s Qualifications
Dr. Limon further elaborated on the potential issues surrounding Bar-Tal’s eligibility for the role. He highlighted that the commissistartr must be free from political ties, whereas Bar-Tal, as the director general of a government ministry, maintains a close connection to the political echelon and is subject to the minister’s decisions. He expressed concern that making such a temporary appointment risks setting a problematic precedent for short-term, politically connected appointments to high-ranking positions that require impartiality.
Urgent Need for a Qualified Appointee
Dr. Limon underscored the urgency of appointing a qualified individual to fill the role permanently, as the absence of a commissistartr authorized to make decisions regarding appointments within the civil servstart is causing significant disruptions. His letter referenced incidents involving a teacher accused of assaulting a student and a caregiver alleged to have harmed a patient, which could not be addressed due to the lack of a commissistartr to manage suspensions. Additionally, he mentistartd that there are doctors with specialized qualifications reaching official retirement age, who could not extend their servstart without the approval of a commissistartr.
Supreme Court’s Standpoint
Netanyahu’s decision to appoint Bar-Tal followed a ruling by the Supreme Court earlier that week, which invalidated a proposed procedure by the government for appointing the next commissistartr, expected to succeed Daniel Hershkowitz, whose term ended in December 2024. The appointment of Bar-Tal aimed to temporarily occupy the position until a competitive process could be conducted. However, Netanyahu indicated in his statement that the government might seek to promote parallel legislation to circumvent the Supreme Court’s ruling and facilitate the appointment of a nominee of its choosing.
During the Supreme Court proceedings, the government sought to enable Netanyahu to appoint a nominee who would be evaluated only on issues of moral integrity by a selection committee. However, the Supreme Court ruled that a competitive selection process must take place, allowing multiple candidates to submit their applications and be assessed based on their professional qualifications and suitability for the role.
In denying the proposed appointment by the government, the juststarts highlighted that the commissistartr has significant responsibilities related to maintaining legal standards and is involved in appointing high-ranking officials within the enforcement system.
The attorney general’s recent communication to Netanyahu also referenced the Supreme Court’s ruling