Legal Hurdles Seen in Extending Israel Land Authority Acting Director's Term
Translated & summarized from Calcalist by baba
A legal opinion from the Ministry of Construction and Housing states there are "real legal difficulties" in extending Yehuda Eliyahu's term as acting director of the Israel Land Authority, which ends October 15. Eliyahu, an associate of Finance Minister Bezalel Smotrich, has already served three months, and his predecessor also served three months, exhausting the legal six-month limit for acting appointments without special approval. The legal advisor also cited Eliyahu's upcoming disciplinary hearing as a complicating factor.
The story in 5 lines · by baba
- Extending Yehuda Eliyahu's term as acting director of the Israel Land Authority faces significant legal challenges.
- A legal opinion states there is a "real legal difficulty" in prolonging his tenure past October 15.
- Eliyahu's current acting role, combined with his predecessor's, has exhausted the legal six-month limit.
- The legal advisor cited Eliyahu's upcoming disciplinary hearing as a complicating factor.
- Finance Minister Bezalel Smotrich had previously pushed for Eliyahu's permanent appointment, which was canceled by the High Court.
Extending the tenure of Yehuda Eliyahu as acting director of the Israel Land Authority (ILA) faces significant legal challenges, according to a legal opinion from Efrat Prokatchia, the legal advisor to the Ministry of Construction and Housing. The opinion, sent to Minister of Construction and Housing Chaim Ketz on October 8, states there is a "real legal difficulty" in prolonging Eliyahu's term, which is set to end on October 15.
Eliyahu, considered a confidant of Finance Minister Bezalel Smotrich, was initially pushed by Smotrich for the permanent director position. However, the High Court of Justice (Bagatz) canceled this appointment on July 15, leading to Eliyahu's interim role pending the selection of a new permanent director. The search process for a permanent director has been stalled, partly due to the election cycle.
Under the law, a civil servant can serve as an acting director for three months, with a possible three-month extension in consultation with the Civil Service Commissioner, totaling no more than six months. Eliyahu has served for three months, but his predecessor, Idan Moalem, also served for three months earlier in the year. This means the six-month maximum period has been exhausted.
Prokatchia's opinion highlights that any extension for Eliyahu beyond October 15 would require special circumstances, government notification, and the approval of the Civil Service Commissioner and the Attorney General. The legal advisor also pointed to Eliyahu's upcoming disciplinary hearing initiated by Minister Ketz on September 9, concerning his alleged disregard for Ketz's directive to freeze senior appointments and his cancellation of an employee welfare event due to women singing.
The hearing was postponed at the request of Civil Service Commissioner Doron Cohen. Even replacing Eliyahu with another acting director would necessitate Ketz presenting a suitable candidate from the civil service and justifying the continued temporary appointment, subject to the required approvals.
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