Daijiworld Media Network – Jerusalem
Jerusalem, Jul 15: Israel's High Court of Justice has cancelled the appointment of Yehuda Eliyahu as head of the Israel Land Authority, ruling that the selection process failed to adequately establish the exceptional qualifications required in view of his close association with Finance Minister Bezalel Smotrich.
The court set aside both the government's decision to appoint Eliyahu and the recommendation made by the search committee that selected him.
The ruling followed a hearing earlier this month, during which all parties, including the government and Eliyahu, accepted a framework proposed by Justices Yael Willner, Ofer Grosskopf and Khaled Kabub.
The Israel Land Authority is responsible for managing most state-owned land in the country, including land allocation for housing, commercial development, public infrastructure and the administration of land rights.
In its judgment, the court noted the undisputed close connection between Eliyahu and Smotrich, one of the ministers who supported his appointment. It said that under established legal principles, candidates with such ties must demonstrate exceptional qualifications that provide a substantial advantage over other applicants.
The judges clarified that the petitions did not question Eliyahu's general eligibility for the post but focused on whether the selection process had properly established that he possessed the special qualifications needed to justify the appointment.
During the hearing, the bench also questioned why Eliyahu had been permitted to submit additional information about his qualifications after the committee had initially shortlisted candidates, while other applicants were not given the same opportunity.
The government had approved Eliyahu's appointment on May 4 following the search committee's recommendation on April 23. The decision was endorsed by Prime Minister Benjamin Netanyahu, Finance Minister Bezalel Smotrich and Housing and Construction Minister Haim Katz.
The court directed that two members of the five-member search committee be replaced before the selection process is resumed, while clarifying that their replacement should not be interpreted as criticism of their conduct.
The reconstituted committee will re-interview Eliyahu and the two other top-ranked candidates under equal conditions and may seek additional information or interview more applicants before making a fresh recommendation.
The judgment does not disqualify Eliyahu from contesting the post again. However, his appointment and the process leading to it have been annulled.
An acting director will be appointed under civil service rules until the fresh selection process is completed. Eliyahu's current tenure is scheduled to end on July 22.