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In rejecting senior appointments, the government denies the public a basic right

The order issued by the High Court demanding to explain why the appointments will not be completed soon seems a precedent, but the current situation requires it. In democracy, the existence and independence of public service systems is essential for balancing political power, and this must be translated into a basic right of citizens

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• High Court

• Appointments

• democracy

Generous Mordechai

Friday, November 20, 2020, 6:30 p.m.

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In the video: The High Court hears petitions against the government structure (Photo: GPO)

The conditional order issued by the High Court demanding to know why it will not be determined that the government must quickly complete all appointments of senior civil servants seems precedent-setting. The

avoidance of the appointment of senior civil servants is part of a broader ideological trend, in the form of politicization of the civil service, which culminated in the latest coalition agreement. Reform in the appointment system, and led to the freezing of all professional appointments.

Now, not only is there no more talk of just changing the appointment model - but simply not appointing. The government takes care to fill the gap with long and unprecedented tenants' appointments. From the funding ministers.

More on Walla!

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Netanyahu High Court: Explain Why You Are Not Committed to the Conflict of Interest Agreement Formulated by the Speaker

To the full article

Do not talk, do not appoint.

Netanyahu and Gantz in the Knesset Plenum (Photo: Shmulik Grossman, Knesset Spokeswoman)

In the spirit of the perception that has emerged in recent years, which holds that democracy is limited to majority rule, we have become accustomed to thinking about the authority to appoint senior civil servants as such devoted solely to the elected body.

In practice, this is a very partial understanding.

In constitutional democracy, public service systems have an independent and separate democratic legitimacy from that of the political system.

Their existence and institutional independence are important to balance political power and even to monitor it.

Their effective functioning is dramatic for the implementation of professional rather than whimsical policies.

The obligation to maintain independent and functioning public service systems does not depend on the good will of the elected officials.

It is right to understand it as a right, which stands for the entire public, for the existence of a democratic, functioning and efficient public administration that will assist the elected officials who determine the policy.

The direct victims of the "inventory model" that has taken root here are, first and foremost, the citizens, who no longer enjoy a diverse and balanced public system, consisting of elected officials and senior and junior public employees.

Their tenure does not coincide with the tenure of elected officials, and balance the political influence in their professional, organizational and cumulative knowledge.

Among the unmanned positions are directors of government ministries, state attorney general, police commissioner, prison commissioner, accountant general, director of the budget department and directors of significant government authorities.

This is a condition that does not allow for a normal routine.

Difficult to maintain order without the commissioner, it is difficult to monitor budgetary spending without thinking general, it is difficult to produce reliable information for dealing with sources without major scientists and hard to ensure criminal enforcement right without state prosecutor.

Balance between the political and professional is our fundamental principle, where necessary independence Professionally, the non-appointment of officers is not only intolerable and involves professional risk, but, as the Attorney General has already emphasized - illegal under the laws of administrative law.

Precedent-setting decision, the situation is much more precedent-setting.

High Court judges (Photo: Reuters)

When we transfer social goods from the language of "public interest" to the language of "right" - we mean that they are important enough to take them out of the exclusivity of "ordinary" politics.

After a political erosion of professional norms, and at a time when the Corona crisis has once again proved the necessity of professionalism, the principle of the independence of the public service - professional, democratic and efficient - must be translated into the right available to the public.

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