The government decided today (Wednesday), for the first time since the outbreak of the corona plague, to move from an emergency due to the plague to a “special health condition”, initiated by the chairman of the Constitution Committee, MK Gilad Karib. The validity of the declaration, which will reach the approval of the Constitution Committee, is three months from 2.3 to 2.6.
In the new Corona law, Chairman Karib strengthened parliamentary oversight, by distinguishing between a “state of emergency due to the corona virus” that will occur during the Corona wave and a “special health condition” that will apply between the waves. This is in place of the original law where there was only one state of emergency, the declaration of which was a condition for imposing all the restrictions enshrined in the law – from relatively minor restrictions such as a purple character to severe restrictions, such as closure.
In a “special health condition” – the parliamentary supervision will be more similar to what is customary in the supervision of “ordinary” regulations brought by the government – regulations will be brought to the committee 6 days before the date of entry into force and will enter into force only if they receive prior parliamentary approval.
In the “emergency situation due to the corona virus” – the parliamentary supervision is similar to that currently accepted so that regulations issued by the government by law can enter into force even without prior committee approval, and can be approved retrospectively in committee or plenum. 24 for 48 hours.
However, as in the original law, the government can enact regulations that will enter into force earlier even without the approval of the Knesset committee if special circumstances of urgency exist and the government is convinced by the Ministry of Health that entry into force is necessary to prevent corona infection or protect at-risk populations.
In a special health situation, the government will not be able to install closure regulations, regulations that apply throughout the country and stipulate, for example, the closure of banquet halls, restaurants, shops and more. Also, you will not be able to install regulations restricting passengers in a vehicle or restricting a crowd in a private or public space of less than 50 people in a building and 300 in an open space. In addition, regulations stipulating restrictions on the entry into Israel of citizens and licensees for permanent residence or a general ban on leaving Israel for all countries (closing the skies).
The declaration of special health status will be valid for up to three months, and the regulations will be valid for a period of up to 42 days and regulations concerning the restriction of entry or exit from Israel – up to 28 days.
Karib’s response to the decision: “The end of the state of emergency is an important message for the citizens of Israel and for Israeli democracy – and I congratulate the government on the decision that will be submitted next week for approval by the Constitution Committee. The distinction between an emergency and a special health condition has been at the center of discussions of the Constitution Committee to amend the Corona Law and is enshrined in law at the initiative of the Committee. The transition between the two situations will restore parliamentary oversight of government work, and return Israeli democracy to the required course of conduct. “The government will have the ability to respond quickly and efficiently to any new development and threat, but the toolbox that the government will operate will be proportionate and strictly adapted to the disease situation.”
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