September 29, 2020
Twenty-Third Knesset, First Session, Summer Assembly
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Knesset approves recommendation to extend state of emergency in Israel

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By a vote of 32-4, with one abstention, the Knesset approved on Wednesday the Interim Foreign Affairs and Defense Committee’s recommendation to renew the declaration of a national state of emergency, which was declared within days of Israel’s independence in May 1948.   With the establishment of the State of Israel, a state of emergency was declared by the Provisional State Council. The declaration did not include a definition of what the "state of emergency" is, it was not limited in time, and it was never abolished. As a result of the declaration of a state of emergency, two primary consequences emerged: One - legislation that is contingent on the declaration of a state of emergency, that is, the validity of laws and secondary legislation enacted by virtue of the existence of an emergency. Two – authorizing the government to enact emergency regulations, in accordance with the provisions of the Basic Law, which can override the Knesset's legislation. The State determined that various laws that have been enacted since the state of emergency was declared in 1948 shall remain valid as long as the declaration of a state of emergency remains in effect. Some of the laws are directly connected to the state of emergency, and were specifically designed for the benefit of responding to an emergency. On the other hand, there are other statutes that have been passed over the years by virtue of the Control of Goods and Services Law (1957), in order to regulate various sectors of the economy. This means that these laws shall remain valid as long as a state of emergency exists. Another key implication for declaring a state of emergency is that it gives the government the authority to enact emergency regulations for the purpose of “defending the country, ensuring public safety, and maintaining essential supplies and services.” These regulations allow the government to overrule the Knesset's legislation.Overall, over the past two decades Israeli governments have not made frequent use of the authority to enact emergency regulations. Recently, the government utilized this tool in 2017 for the sake of ensuring essential work services at the Atomic Energy Commission.Chairman of the Interim Foreign Affairs and Defense Committee, MK Avi Dichter (Likud), presented the recommendation to the Plenum, saying: “During the past decade, the Joint Committee of the Foreign Affairs and Defense Committee and the Constitution, [Law and Justice] Committee closely monitored government ministries to ensure that the necessary work is done to regulate these laws within legislative frameworks that are not contingent on the declaration of a state of emergency. This activity was fruitful, and if there were 9 laws and 165 directives that were contingent on a state of emergency in 2009, today only 5 [such] laws and 21 directives remain in effect. As expected, due to the dispersal of the 21st Knesset, I cannot announce further progress from the time when the last declaration (to renew the state of emergency) was approved.” MK Abdel Hakeem Haj Yahya (United Arab List) objected, saying: “There is no country in the world with more than 70 years of a state of emergency, like the State of Israel. The worst dictatorships in the world do not proceed with a state of emergency like the State of Israel does. This law exists in order to abolish democracy when it is convenient for the security forces and the government, and therefore, it should disappear from the world. You are not even trying to fix this situation, because as long as there is an occupation, you need to continue with the state of emergency.” During the session, the government informed the Knesset that in accordance with Article 24(b) of Basic Law: the Government, Prime Minister Benjamin Netanyahu has replaced Haim Katz as Minister of Labor, Social Affairs and Social Services following Katz's resignation from the cabinet.

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