Legal Hurdles Seen for Extending Israel Land Authority Acting Director's Term
Translated & summarized from Ynet by baba
Israel's Ministry of Construction and Housing legal advisor has identified "real legal difficulties" in extending the term of Yehuda Eliyahu as acting director of the Israel Land Authority, which ends October 15. The six-month legal limit for temporary appointments has been reached, with Eliyahu's predecessor also serving three months earlier this year. Further extension requires special circumstances and high-level approvals, complicated by a pending performance hearing for Eliyahu. Prime Minister Netanyahu reportedly blocked a hearing initiated by Minister Haim Katz.
The story in 5 lines · by baba
- Legal advisor cites "real legal difficulties" in extending Yehuda Eliyahu's term as acting ILA director.
- Eliyahu's current acting term ends October 15, with the six-month legal limit already reached.
- Supreme Court previously canceled Eliyahu's permanent appointment, leading to his temporary role.
- Finance Minister Bezalel Smotrich is a proponent of Eliyahu's appointment.
- Prime Minister Benjamin Netanyahu reportedly blocked a performance hearing for Eliyahu.
The legal advisor for Israel's Ministry of Construction and Housing has stated there are "real legal difficulties" in extending the tenure of Yehuda Eliyahu, the acting director of the Israel Land Authority (ILA), whose current term expires on October 15. The legal opinion was sent to the Minister of Construction and Housing, Haim Katz, on October 8.
Minister Katz had summoned Eliyahu, who is considered a confidant of Finance Minister Bezalel Smotrich, for a hearing regarding his performance. However, Prime Minister Benjamin Netanyahu reportedly blocked this move. Eliyahu was initially pushed by Smotrich for the permanent director position, but the Supreme Court overturned his appointment on July 15, leading to his temporary role as acting director until a permanent replacement is chosen. The process for selecting a new permanent director has been stalled, partly due to the ongoing election period.
According to the law, a temporary acting director can serve for three months, with a possible three-month extension in consultation with the Civil Service Commissioner, for a maximum of six months without special approval. Eliyahu has served three months, but his predecessor, Idan Moalem, also served three months earlier in the year. This means the six-month limit has been reached. Moalem served as acting director from February to May, and Eliyahu's appointment, signed by Katz on July 16, concludes on October 15.
Extending Eliyahu's term further is legally complex and requires special circumstances, government notification, and approval from the Civil Service Commissioner and the Attorney General. The legal advisor's opinion highlights that Eliyahu's situation is complicated by Katz's earlier summons for a hearing on September 9, concerning his performance, including the cancellation of an employee welfare event due to women singing and allegations that Eliyahu ignored directives to freeze senior appointments. The hearing was postponed at the request of the Civil Service Commissioner.
Even replacing Eliyahu with another acting director would require Katz to present a candidate from within the civil service, justify the special circumstances for a continued temporary appointment, and secure the necessary approvals. Eliyahu's initial appointment as permanent director in May was canceled by the Supreme Court, which also replaced two members of the selection committee due to conflict of interest concerns.
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