High Court to hold new hearing on PM’s appointment of Civil Service commissioner

The High Court of Justice decides to hold a new hearing with an expanded five-judge panel for petitions against the government’s decision to have Prime Minister Benjamin Netanyahu nominate a single candidate for the post of Civil Service commissioner rather than make the appointment through a public tender with multiple candidates.

Judge David Mintz rules against the position of Attorney General Gali Baharav-Miara, who opposed holding an additional hearing. Court president Isaac Amit will determine the panel to hear the case, meaning he will appoint the five most senior judges on the court.

This will mean that the panel for the additional hearing will be made up of three conservatives and two liberals.

Mintz says that “due to the urgency of the case,” the hearing must be held no later than the end of the Hebrew calendar year, which falls on September 21.

Israel has been without a permanent head of the Civil Service since Daniel Hershkowitz stepped down from the position in December 2024. Hershkowitz is, however, currently serving as acting commissioner.

In a 2-1 decision in May, the High Court ruled that the government’s method for selecting the Civil Service commissioner lacked sufficient guardrails to guarantee the independence, impartiality and apolitical nature of the role.

The decision was considered controversial, since the law for the Civil Service states explicitly that there is no obligation to issue a public tender for the positions. Critics also pointed out that the law allows the prime minister alone to nominate a single candidate for other roles, such as the head of the Shin Bet and other senior office holders.

Amit together with fellow liberal Judge Daphne Barak Erez ruled 2-1 against their conservative colleague Noam Sohlberg on the case. They will now be joined by two more conservatives, Mintz himself and Yosef Elron, in the new hearing.