While the Minister of Defense, Bnei Gantz, is interested in appointing Chief of Staff, Attorney General Gali Bahrav-Miara, clarifies that the appointment of a Chief of Staff at this time is subject to rules regarding decision-making by the government during elections, in light of the announcement On early elections.
Gantz, preceded the interviews of candidates for the position of 23rd IDF Chief of Staff and informed General Maj. Gen. In the coming years.
In general, Harav-Miara argues, during an election period, senior appointments that are not part of a competitive procedure should be avoided, unless there is a vital need for immediate staffing of the position on a regular basis, and no other reasonable and appropriate solution can be found in the circumstances.
This is in accordance with the criteria detailed in the ombudsman's guidelines set forth in this matter and in positions of principle as formulated in connection with the dissolution of the Knesset in the past.
Defense Minister Bnei Gantz, Photo: Gideon Markowitz
The Deputy Attorney General (Public-Administrative Law), Dr. Gil Limon, clarified things in the opinion of the Attorney General, as part of a response delivered this morning to the defense attorney general's request.
The Attorney General was asked to urgently conduct an individual examination of the possibility of appointing a Chief of Staff during the election period, referring to the vitality of advancing the appointment process at this time.
"The appointment of the chief of staff at this time is subject to accepted rules outlined in the High Court rulings, concerning the rule regarding the avoidance of appointments during the election period and in our case, a defect that actually began with Prime Minister Bennett's announcement of intent to bring forward elections," explains Adv. , An expert in public law.
"The change in the senior position was supposed to take place in about six months, but it seems that the immediate dissolution of the Knesset will make it very difficult to pass a decision on the identity of the next chief of staff in a government decision as required by law.
At the same time, there were a number of precedents for appointing senior officials during the election campaign, for example in December 2019, then-Attorney General Avichai Mandelblit agreed to then-Internal Security Minister Gilad Ardan, to appoint a police commissioner and prison service commissioner even though it was a transitional government.
"Ultimately, this is the discretion of the Speaker, but in the circumstances it is difficult to believe that she will agree to approve the said appointment due to the seniority of the position and the relatively short time that the appointment can be completed in relation to the upcoming election date."
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