Greetings,

This morning, the High Court of Justice will convene for an additional hearing before an expanded panel on the question of the appointment method for the Civil Service Commissioner. Within the framework of the hearing, legal arguments concerning the legality of the appointment method proposed by the government will be placed before the court. The High Court justices are presumed to listen to the parties’ arguments and rule in accordance with the law. However, the heart of the matter from the perspective of the public interest, which the Knesset is entrusted with, is not the legal issue lying before the judges, but rather the regrettable fact that since March 2024, Israel has not had a permanently appointed Civil Service Commissioner. Since the retirement of Prof. Daniel Hershkowitz, Israel’s civil service—with its tens of thousands of employees—has been managed without a human capital manager. Let us reiterate: for many long months, as Israel faces countless security and civilian challenges, the civil service lacks one of its critical staff roles for functioning. The implication is that the vital domain of public workforce management effectively lacks a clear address.

This dismal outcome harms the civil service and, indirectly, the Israeli public at large. This is the result of prolonged dereliction:

Throughout the state’s 77 years of existence, no permanent legal framework has been formulated for appointing the Civil Service Commissioner. This is an institutional lacuna that the court cannot be expected to resolve. It is the political system’s responsibility to establish an orderly, stable, and transparent mechanism ensuring the Commissioner’s independence and professionalism, while safeguarding the broad public interest. As the legislature, we seek to bring this dismal reality before you, emphasize its implications for the citizens of Israel, and remind you that regardless of the High Court’s ruling, the issue will not be resolved within the courtroom halls. We reattach the position paper submitted on our behalf to the Constitution, Law and Justice Committee on July 14, 2024, containing a concise review of how comparable officeholders are appointed in the democratic world, alongside guiding principles for appointing the Civil Service Commissioner in Israel. Briefly, the Civil Service Commissioner is a public servant fulfilling a central role in the civil service in Israel designed to assist the government in realizing its policy goals.

As we learn from practices in the democratic world, they must be chosen in accordance with the following central principles:

• The appointment must be regulated in primary or secondary legislation, anchoring the government’s powers as well as control mechanisms designed to ensure that the appointment of a professional actor will be such that they fulfill their role while maintaining excellence and state-orientation (mamlachtiyut).
• To this end, the arrangement must stipulate threshold conditions and include competence requirements incorporating elements of significant managerial experience, probity, and experience working in large systems.
• Ultimate selection authority should be retained by the government, yet be supported by a professional, balanced body comprising officeholders suited to identifying the worthy candidate. An advantage lies in formulating a search committee over whose composition the government holds influence, while simultaneously incorporating elements representing the bureaucratic system as well as public representatives with senior managerial experience from the private sector.
• The committee should present multiple candidates from whom the Prime Minister’s preferred candidate is brought for government approval, providing the Prime Minister a single opportunity to return proposals to the committee if deeming the suggested candidates unsuitable.
• Noting the significant managerial-professional component in the Commissioner’s role and current public service rehabilitation challenges, strengthening professional elements on the search committee rather than leaving it as a legally oriented committee is warranted. Concurrently, chairing it with a retired judge to ensure an objective and state-oriented process is appropriate.

We reiterate and emphasize that this issue will not be resolved in the High Court. Even if the court renders a principled ruling, the responsibility to ensure a strong, independent, and professional civil service commission rests upon the government and the Knesset. We will be glad to continue maintaining contact with you in order to bring about a comprehensive regulation of this important issue—for the benefit of the public service and on behalf of all the citizens of Israel.