Adv. Ariel Barzilay: “The government is blatantly ignoring the provisions of the law and the position of the attorney general . The intervention of the Supreme Court is required to uphold the rule of law”
The Movement for Quality Government in Israel today, Wednesday 14 August, submitted an urgent petition to the Supreme Court against the appointment of Dr. Odelia Minnes to the position of acting chair of the Council of the Second Authority for Television and Radio. In the petition, the Movement claims that the appointment was made against the law, without authority, absent a sufficient factual basis, and in blatant disregard of the legal opinions of the legal advisor to the ministry of communications and the deputy attorney general.
The petition states that on August 4, 2024, during a cabinet meeting, minister of communications Dr. Shlomo Karhi brought the appointment of Dr. Minnes before the government for approval in a surprise, without the issue appearing on the previously published agenda, and without giving the professionals and legal counsel the opportunity to examine the appointment as required.
According to the Movement, Dr. Minnes does not meet the threshold conditions established in the law for holding office. According to the Government Companies Law, which provides the basis for eligibility for the position: at least five years’ experience in a senior position in the field of business management of a corporation with a significant business scope, or in a senior position in the company’s main field of operations. According to the Movement, despite her academic qualifications, she lacks the required senior management experience.
The petition emphasizes that Dr. Minnes’ failure to meet the threshold conditions is not disputed and was not denied by the minister of communications and the government. Furthermore, it is claimed that during the cabinet meeting a false representation was made that there is no other council member who meets the threshold conditions for the position of chairman, despite the fact that a preliminary examination revealed that there are at least four council members who meet the eligibility conditions.
The Movement for Quality Government in Israel asks the Supreme Court to declare the appointment null and void and the government’s decision approving it null and void. Also, the Movement requests that the court issue an interim order prohibiting Dr. Minnes from taking any decision regarding the Second Authority until a ruling is handed down on the petition, as well as hold an urgent hearing on the petition.
The Movement for Quality Government in Israel emphasizes that beyond the specific flaw in this appointment, the petition reveals a broader problem of the government’s disdain for the rule of law and the status of the attorney general. According to the Movement, this conduct is a direct continuation of what they call the “steps of the regime coup” that were promoted over the last year and a half. The Movement points out that the government chose to ignore binding legal opinions, while blatantly insulting dedicated public servants.
Adv. Ariel Barzilay, head of the economic department at the Movement for Quality Government in Israel: “We are witnessing an alarming trend, where the government systematically ignores the provisions of the law and the professional opinions of the legal advisors. The appointment of Dr. Minnes is just one example of this. The government and its ministers, apparently, do not wish to be limited by the rigid framework of the law. We call on the Supreme Court to intervene and make it clear to the government, once again, that it is obliged to act according to the law and that the fact of being an elected government does not allow it to act against the law.”
The petition emphasizes the importance of maintaining the status of the gatekeepers, and in particular the government’s legal advisors , and warns against the continuation of the trend of ignoring their professional opinions. The Movement for Quality Government in Israel asks the Supreme Court to clarify to the government the limits of its authority and its obligation to act within the framework of the law.
