The government is moving to advance legislation that would give it sweeping and nearly exclusive authority to appoint and dismiss senior civil servants, as long as the candidates meet the formal qualifications for their posts.
The bill is set to go before the Ministerial Committee for Legislation on Sunday, and coalition officials are expected to push it forward before October's elections. The proposal is backed by Prime Minister Benjamin Netanyahu and Justice Minister Yariv Levin, and is being advanced in practice by fellow Likud lawmaker Shalom Danino.
Coalition leaders have recently been told in discussions that the goal is to complete the legislation before the Knesset disperses. People close to Netanyahu said they would “go all the way” with the proposal.
The bill would apply to a wide range of senior posts, including the IDF chief of staff, police commissioner, Shin Bet chief, Mossad chief, Israel Prison Service commissioner, Civil Service Commission chief, the attorney general and deputy attorneys general, the head of the High Court petitions department, ministry directors-general, deputy directors-general and any position whose appointment requires government approval.
One of the most far-reaching provisions would automatically end the terms of those senior officials within 100 days of the formation of a new government, unless the incoming government decides to extend their tenure.
The bill would also allow the government to dismiss a senior official at any time at its discretion, after giving the official an opportunity to present his or her position, including seven days to prepare a response.
Under the proposed appointment process, the relevant minister would choose a candidate at his or her sole discretion. A qualifications committee appointed by the government, made up of three public representatives, would then examine only whether the candidate meets the formal requirements for the position.
The nomination could then be brought before a Knesset hearing committee made up of coalition and opposition representatives. The committee would hold a hearing and submit recommendations, but they would not be binding on the government. Under the bill, if the committee fails to meet the timetable set for the process, the government could move ahead with the appointment without its recommendation.
The proposal would effectively cancel or bypass existing mechanisms in other laws. It would repeal current appointment provisions for the attorney general and Civil Service Commission chief under the Civil Service Law, and amend existing arrangements for the police commissioner, Shin Bet chief, Israel Prison Service commissioner, Israel Land Authority director, national security adviser and other senior officials, placing them all under the new mechanism.
According to the bill, the new system would supersede previous provisions in other laws dealing with the appointment or termination of senior officials.
The explanatory notes to the bill say that “the public often watches in astonishment as, precisely on very fundamental issues, government officials act in contradictory ways, sometimes through direct obstruction of government decisions by executive officials subordinate to it.”
The bill says the Basic Law is intended “to ensure government accountability for all actions of the executive branch.”
According to the proposal, the law would establish “a uniform and systematic appointment mechanism for all senior positions in the civil service.” The bill says its purpose is to move from “a public service that is not fully committed to the authentic will of the people” to “a service to the public that expresses the will of the people and its needs, as reflected in elections.”