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Dramatic decision: High Court rules that closing the sky is illegal - and they will be fully open | Israel Today

2021-03-17T11:59:31.818Z


| Tourism The panel of judges ruled that the Exceptions Committee and the passenger quota are illegal and will be abolished as early as March 20 - this coming weekend. • Meaning: Vaccinated and recovering Israelis will be able to fly almost indefinitely • "No explanation has been given that justifies restriction. The sky opens Photo:  Yossi Zeliger The High Court in Israel: The skies in Israel are full


The panel of judges ruled that the Exceptions Committee and the passenger quota are illegal and will be abolished as early as March 20 - this coming weekend. • Meaning: Vaccinated and recovering Israelis will be able to fly almost indefinitely • "No explanation has been given that justifies restriction.

  • The sky opens

    Photo: 

    Yossi Zeliger

The High Court in Israel: The skies in Israel are fully open - the daily entry restriction will be lifted this coming weekend, on March 20. The decision means that vaccinated and recovering people can enter the country almost indefinitely, except for tests. Airlines can receive landing permits in Israel in large numbers Significant than it should have been so far.

Airlines have applied for approval of about 50 daily flights.

The fear was that the limit of 3,000 entrants a day would allow the Ministry of Transportation to approve only about 15 flights a day, the decision has changed and already this Passover, tens of thousands of Israelis are expected to leave Israel, at this stage without fear of getting stuck abroad.

Immunized and recovered as stated are completely exempt from isolation, but are required to undergo corona tests before returning to Israel and immediately after landing.

Those who are not vaccinated or recovered are required to be tested and of course in isolation for 10 days subject to two tests or in isolation for 14 days without tests.

Currently, there is a long list of countries that accept Israeli tourists.

Among the countries that receive Israeli tourists: Turkey, Ukraine, Bulgaria, USA, Serbia, UAE, Maldives, Mexico and more. .

Earlier today, the Bracelets and Electronic Surveillance Law was approved for returnees from abroad who are required to be insulated. The Israeli government will be able to oblige home insulators to wear an electronic bracelet and download a surveillance app. 

Since January 2021, restrictions have been placed on leaving and entering Israel due to the discovery of new strains (variants) of the corona virus for which there is concern about the effectiveness of the vaccine.

These restrictions have undergone many incarnations.

According to President Hayut, the court held that the restrictions constitute a violation of the core right to enter and leave Israel and other rights that are at the core of the fabric of democratic life.

The court further noted that the lengthy and continuous period of time in which the restrictions imposed apply without sufficient time for the citizens to organize and without clarifying the date on which they will be removed in full;

And the proximity to Election Day intensifies the violation of civil rights.  

The court noted that the restrictions were set without the government having any data on the number of citizens abroad and seeking to return to Israel; that no explanation was given as to why the daily passenger quota was set at 3,000; and that the impression is that it is under an effort to isolate. Concerning the spread of variants, the government preferred to implement a regime of entry quotas into Israel, which is a simpler regime to implement but whose violation of basic rights is much more difficult. This conclusion is sharpened by the fact that Israel is the only democratic state in the world. .





The court concluded by noting that the threat of the corona virus to its various strains is not expected to disappear from our lives in the foreseeable future, despite the success of the vaccination campaign.

Therefore, a balance must be struck between the damage that may be caused due to the intrusion of an unknown strain of the virus and the violation of the basic rights of the citizens of the country and its inhabitants.

This balance should allow a routine of life alongside the virus, while properly managing the risks involved, taking into account, among other things, the reduced risk to the vaccinated and recovering population, while giving appropriate weight to the outgoing or incoming Israeli citizen who is a resident of the country. 

Justice Amit noted that already on the day the government decided to close the gates of Ben Gurion Airport "from today to tomorrow" it was clear that closing the sky could not be a long-term solution, nor a short-term solution, and an immediate solution to the cardinal problem of isolating those entering Israel. Judge Handel stressed that the restrictions do not stand the test of proportionality in the narrow sense, given the fact that relevant data were not in the eyes of decision makers, and further stressed that until the regulations expire, this restriction should be interpreted as lightly as possible.

Participated in the preparation of the article: Avi Cohen

Source: israelhayom

All news articles on 2021-03-17

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