The High Court ruled by majority opinion that the appointment of the Civil Service Commissioner must be contingent on establishing a permanent appointment mechanism that includes a competitive process. According to the ruling, the procedure chosen by the government for appointing the next commissioner lacks sufficient safeguards to maintain the position's independent, state-oriented and non-political character, or to select the most professionally qualified candidate. The majority opinion also determined that 'there is no place for a practice where political officials establish and modify the appointment mechanism based on considerations not transparent to the public.' Supreme Court President Yitzhak Amit and Justice Daphna Barak-Erez formed the majority opinion, while Noam Sohlberg dissented.

