When have they been fixed, how do they protect public security and essential services in the state, in what situations they operate and for how long are they valid? • all the details
Yesterday's approval of some emergency regulations by the government as part of the fight against the corona's spread has turned a spotlight on them. Since when are these regulations in place? In what situations do they trigger them?
Photo: Connect
It is important to understand that these regulations are in fact sub-legislation which does not require the Knesset's approval. Under Basic Law: The government may install it in an emergency to protect the state, public safety and the provision of essential supplies and services. Emergency regulations do not exceed three months.
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The ability to implement emergency regulations was based before the state was founded on the Defense (Emergency) Regulations, 1945, designed to give the Mandate government a tool for fighting the Jewish underground. After the establishment of the state, the Israeli government was granted a similar capacity, through the ordinance of the Rules of Procedure and Justice, and with the enactment of a Basic Law: The government has the authority to impose emergency regulations. The People's Council declaration of an emergency in the State of Israel was made shortly after the establishment of the state.
Over the years, the use of these regulations has become very rare. It was used mainly for economic purposes (for example, within the framework of the Economic Stabilization Program between 1985 and 1987). They are also triggered to issue restraining orders for striking public service employees - and were installed twice in 2010 and 2017 to prevent a strike at the Atomic Energy Commission and its facilities.
The primary use of these regulations is for times of war, when there are situations that require taking steps that do not exist in "normal" legislation of the Knesset and when the emergency situation does not allow waiting until the legislative process is complete.
The provision of the law on the subject gives the regulations a very undemocratic character. However, Basic Law: Human Dignity and Liberty and Basic Law: Freedom of Occupation explicitly state that the power of emergency regulations cannot be altered and temporarily revoked.