AG says decision to allow PM to choose civil service commissioner is illegal

Attorney General Gali Baharav-Miara says a controversial measure allowing Prime Minister Benjamin Netanyahu to directly nominate the next civil service commissioner, rather than using a search committee, is illegal.

“The government’s decision creates a new situation whereby the prime minister will be able to choose a person he wishes to be appointed to the position, who does not have to meet minimum professional threshold conditions of experience, skills or suitability,” the attorney general says in a statement alongside her response to High Court petitions on the matter.

“For this reason, the government’s decision, deviating from the method of appointing the commissioner in the past, is illegal,” the statement says.

“This is a significant step in the transformation of the professional public service into a political one,” the statement concludes.

After last month’s vote, Netanyahu will be authorized to nominate a candidate who will then be examined by the Senior Appointments Advisory Committee to the Civil Service.

In remarks released by the Prime Minister’s Office following the vote, Netanyahu asserted that the responsibility to choose a civil service commissioner lies with “the nation,” represented by the elected government, and there is no reason to grant civil service professionals a say in the matter.

Last month, the Kan public broadcaster reported that Justice Minister Yariv Levin and National Security Minister Itamar Ben Gvir discussed their desire to fire Baharav-Miara, after the government approved allowing Netanyahu to directly nominate the next civil service commissioner, despite the attorney general’s opposition.

Current commissioner Daniel Hershkowitz is set to complete his term in October. His appointment was approved by the government in 2018 after a committee, headed by retired judge Hanan Efrati, at the time rejected Netanyahu’s first choice for the job.