Opposition and Gantz head to head: How will the appointment of the chief of staff be decided?

The race for command of the General Staff began just before the expected dissolution of the Knesset, and the issue is causing great legal controversy.

Now, the ombudsman will have to decide: an orderly overlap and the independence of the chief of staff - in the face of the shackles of the next government.

And who does the dry law serve - Netanyahu or Ganz?

Yael Friedson

21/06/2022

Tuesday, 21 June 2022, 22:47 Updated: 23:02

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The appeal of the leaders of the right-wing bloc parties to the spokeswoman to stop the appointment of the chief of staff was rejected today (Tuesday) by Defense Minister Bnei Gantz, when he stated that he intends to continue promoting the move, which is now causing great legal controversy.

This is due to the problematic timing of the race for chiefs of staff - just before the expected dispersal of the property. In fact, the

law

states that there are almost no restrictions on a transitional government,

The Israeli emphasizes the importance of government continuity, and does not include restrictions on the powers of the transitional government. The new government. "

The reference of the law regarding appointments is regarding the appointment of ministers - in section 30 (d) regarding a transitional government, that the incumbent government may appoint ministers from among Knesset members instead of "a minister who has ceased to serve", without Knesset approval, as opposed to appointing ministers in a regular government.

Is not limited by law.

Ganz (Photo: Official Website, Screenshot)

With regard to senior appointments, the law does not set restrictions on appointments during the transitional government, and seeks to ensure the work of the government.

The restrictions were formulated over the years in High Court rulings and under the guidance of the ombudsman, who sought to prevent the restraint of the next government.

The High Court refrained from intervening in the work of the transitional government, and rejected a petition by Professor Hillel Weiss petitioning against Prime Minister Ehud Barak, who negotiated with the Palestinians after his resignation as prime minister, and rejected a similar petition by Limor Livnat against Ariel Sharon. Any political agreement will be brought to the Knesset for approval

, however, the court accepted petitions against appointments during the transitional government, such as the appointment of chief rabbis and the appointment of members of religious councils, and rejected a petition demanding Justice Minister Daniel Friedman convene the Judicial Appointments Committee.

The sequence of election campaigns in Israel in recent years, and the transitional government that has operated for a continuous year have challenged the question of senior appointments in the interim periods, and in January 2021, Attorney General Avichai Mandelblit issued guidelines regarding appointments during election periods. As difficult as it is possible to extend the priesthood or find an alternate: so it is better. Case and circumstances.

Will you decide on the issue?

In Rabbi Miara (Photo: Flash 90, Yonatan Zindel)

Dr. Amir Fox, a senior researcher at the Israel Democracy Institute, explains that under the direction of the ombudsman, there is difficulty in appointing senior members of the transitional government.

"Because a transitional government is supposed to exercise restraint and act only when there is an essential need to act. This does not mean that appointments should not be made, each appointment should be examined individually. The considerations are: how urgent and critical is the appointment? Or for the job of fulfilling the minister's "policy"? Has the appointment process already begun? ".

"The appointment of a chief of staff during the election period is a new scenario, which Speaker Gali Bahar-Miara is currently examining.

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"State security argument can be used by Ganz"

Dr. Adam Shinar, a lecturer in constitutional law at Reichman University, thinks the chances of approving the appointment of a chief of staff during the election period are low.

"Appointments on the eve of the election are undermining public confidence. In the case of Chief of Staff Kochavi, there is no functional space to be created now, because he will be released in January.

Traditionally, the chief of staff's overlap period lasts between 3-6 months. It is true that the chances of forming a government in October are low, but it is possible, it is not a violation of the chief of staff's function in the near term.

"" What happens with more elections and no 61?

As the transitional government continues, the restrictions diminish because the vital need to continue doing so increases.

" Ordinary appointments that have no urgency, such as an appointment to a religious council. "

"There is a set of factors, in my opinion the strong case is in favor of freezing the appointment, because of the importance of the appointment, the senior echelon, it is a person who sets policy and needs to work with the next defense minister and prime minister. "Further elections will be announced, these are circumstances that change the equation. The test is a vital need for action and a functional space."

Shinar mentions that the appointments of senior officials such as the state attorney, the police commissioner and the IPS commissioner have been postponed for a long time.

Acts to stop the appointment.

Netanyahu (Photo: Flash 90, Yonatan Zindel)

Adv. Heidi Negev, director of the policy and legislation department at the Movement for Quality of Government, is concerned about these precedents, and thinks that the appointment of the chief of staff must not reach a state of temporary

appointment. There is great importance in an orderly overlap procedure, which can take half a year with a change of chief of staff.

"Temporary appointment in such positions is a dangerous thing and can harm the independence of the chief of staff and the decision-making process. The process of appointing the chief of staff began before the Knesset dissolved, we are not yet in a transitional government.

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