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High Court in order to the government: "Act 'at the appropriate speed' to appoint a commissioner"
The court issued an absolute, not temporary, order instructing the state to act. This is after the ombudsman's support for issuing a conditional order that will oblige the government to explain why it will not appoint a commissioner at the appropriate speed, while Acting Motti Cohen has been in office for two years.
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Commissioner of Police
Avichai Mandelblit
High Court
Daniel Dolev
Thursday, 03 December 2020, 20:14
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The High Court this evening (Thursday) issued an order reserved for the government "to act to bring a candidate for the position of commissioner before the government advisory committee regarding appointments to senior positions, at the appropriate speed."
This is not a conditional order, reserved for the government to state its position, but an absolute order reserved for the state to act.
The order, given as part of a petition by the Ometz movement, did not set a time limit for the government. The
ombudsman informed the High Court that he supported the issuance of a conditional order that would oblige the government to explain why it would not appoint a commissioner as soon as possible.
At the beginning of the hearing today, the judges received the consent of the parties to hold the hearing as if a conditional order had been issued, and since both the petitioners and the representative of the counsel, who represented the government, agreed to issue an absolute order, the hearing lasted only ten minutes.
The judges have now announced the actual issuance of the order.
Last week, Mandelblit informed the High Court that he supports the issuance of a conditional order, which will oblige Internal Security Minister Amir Ohana to bring "a candidate" before a committee to appoint senior officials "after the police have not appointed a permanent commissioner since December 2018.
"Act to bring a candidate to the position of Commissioner." Supreme Court (Photo: Noam Moskowitz)
The position submitted to the High Court also states that "since no reason has been presented that could legally justify refraining from promoting the appointment of a permanent commissioner to the Israel Police by transferring the name of a candidate for commissioner to the committee, and also paying attention to the long term of office. By way of filling a seat, the ombudsman believes that there is no alternative but to issue a conditional order in this petition, regarding the matter of bringing a candidate for the position of commissioner before the committee at the appropriate speed. "
More on Walla!
NEWS
Spokesman for the High Court: An order must be issued that will require the appointment of a commissioner "at the proper speed"
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The position submitted by the ombudsman comes after he has already submitted similar positions to the High Court on two issues that have been discussed recently.
In the petitions concerning the conflict of interest settlement of Prime Minister Benjamin Netanyahu, the representative of the ombudsman expressed a general position according to which it is appropriate to issue conditional orders that will require the state to discuss a series of senior appointments that are stuck due to political disputes between the Likud In a petition demanding the promotion of a permanent appointment of a director general to the Ministry of Justice.
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