Israeli Supreme Court Halts Government Move on Land Authority Director Appointment

The Israeli Supreme Court on Tuesday rejected a request from Prime Minister Binyamin Netanyahu, Finance Minister Bezalel Smotrich, and Construction and Housing Minister Haim Katz to enforce a previous ruling regarding the appointment of a permanent director for the Israel Land Authority (ILA). The court's justices clarified that the July ruling did not decide whether the appointment could proceed during an election period, nor did it mandate waiting until after the elections. Instead, the court stated that the previous legal proceeding was not the appropriate venue to resolve the dispute between the ministers and the legal counsel.

The July ruling had approved an agreed-upon framework following petitions against Yehuda Eliyahu's appointment as permanent ILA director. This framework canceled Eliyahu's appointment due to his close ties with Minister Smotrich, which necessitated a review of his qualifications. The agreement stipulated replacing two members of the selection committee, which would then re-interview the top three candidates. The committee could also call additional candidates and would submit its recommendation to the appointing authority.

Under the framework, an acting director was to be appointed according to civil service law. The court had previously indicated that Eliyahu could serve as acting director, which was the government's intention. The ministers' representatives sought to clarify that the acting director's tenure would last until a permanent appointment, but the ruling only referred to the law, which permits a three-month term, extendable to six months with the Civil Service Commissioner's consultation. Extensions beyond six months require special circumstances and the consent of the Commissioner and the Attorney General.

A dispute arose when the legal counsel for the Ministry of Construction and Housing argued that extending the acting director's term required considering the prior three months served by Idan Moalem. The ministers contended that Eliyahu's July appointment as acting director was new, allowing for a three-month extension without the Attorney General's consent.

Netanyahu, Smotrich, and Katz appealed to the Supreme Court, claiming that legal counsel was obstructing the ruling by preventing the permanent appointment during the election period and hindering the extension of Eliyahu's acting tenure. However, the court reiterated that the dispute could not be settled within the concluded proceeding and directed the ministers to pursue standard channels if they disagreed with the legal opinion, such as appealing the opinion or seeking the necessary consents for an extension, a step that has not yet been taken.

Following the decision, Minister Smotrich criticized the Supreme Court, inaccurately stating that it had banned the ILA director appointment until after the elections. He called the ruling a "Zionist injustice" and a "legal injustice," accusing the court of collaborating with the Attorney General to violently block their rights and duties. Smotrich also expressed his intention to reform the justice system and remove "extremist elements."