Second GPN Global Webinar "COVID-19. SUPERNATIONAL, NATIONAL AND REGIONAL RESPONSES. BUILDING RESILIENCE THROUGH COMPARISON OF EXPERIENCES" - March 5th 2021 Professor Ittai Bar Siman Tov - "Israeli response" GPN: https://www.globalpandemicnetwork.org/ Official GPN webinar web page:https://www.globalpandemicnetwork.org/news_events/webinar-5th-march-2021/

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Global Webinar
Covid-19 and Government response.
Building resilience on comparison of experiences
ISRAELI RESPONSE
Dr. Ittai Bar Siman Tov
Faculty of Law, Bar-Ilan University
Source: Einat Albin, Ittai Bar-Siman-Tov, Aeyal Gross & Tamar Hostovsky-Brandes, Israel's Country Report, in J. KING & O.
FERRAZ (ET. AL) (eds), THE OXFORD COMPENDIUM OF NATIONAL LEGAL RESPONSES TO COVID-19 (Oxford University Press,
forthcoming 2021)
Head of BIU Innovation Lab for Law, Data-Science and Digital Ethics
Faculty of Law, Bar-Ilan University

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General Background
Constitutional Framework:
• Parliamentary democracy
• Constitutional democracy
• Basic Laws serve as
constitutional norms that are
superior to legislation
• Supreme Court with
constitutional JR power
Health Care System:
• National Health Insurance Law of
1995
• Universal Coverage
• (Mostly) Public Health System
• Highly advanced
Political Background:
• Unprecedented political crisis:
• PM Corruption Charges
• 4 rounds of elections in 2 years

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Major Legal Framework for Dealing with Covid-19
Pre-Covid-19 legislation:
• Basic Law: The Government:
Authority to declare an emergency
situation with the Parliament, and the
authority to enact Emergency
Regulations with the government
• Public Health Ordinance 1940:
Declaration of severe risk from a
contagious disease (January 2020)->
emergency powers to Ministry of
Health
Specific Covid-19 legislation:
• The Law of Special Authorities to
Deal with the Novel Coronavirus
(Temporary Provision) 2020:
Enacted July 2020 with sunset clause to
expire 30 June 2021
Government authorized to declare “an
emergency situation because of the
corona virus” for 45 days; parliament
can extend or revoke
Temporary Covid-19 regulations
Amendment #2 (September 2020):
government authorized to declare “a
special emergency situation because of
the corona virus”
• Many additional specific laws
(sunsets)

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Overview of Health Measures
• Lockdowns (March,
September, December)
• Restrictions on gatherings
• Stay-at-home, curfew
• Area restrictions
• Closure of public and
private services
• Closure of schools
• Masks, social distancing
• Testing
• Vaccinations
• Epidemiological
investigations
• Electronic Contact Tracing
(GSS)
• Restrictions on international
travel- prohibitions on entry;
quarantine
• Brief limitations on
demonstration during special
coronavirus emergency
• Restrictions on religious
services (prayers)

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Oversight
Legislative Oversight:
• Parliament remained open (social
distancing+ technology in
committees)
• Coronavirus Committee+ usual
committees
1. Knesset elections on 2 March 2020 to
the election of new Speaker on 26
March-limited
2. end of March to mid-May: oversight
of caretaker government
3. mid-May- December: diminished
oversight of new government
December 2020: dissolved; new
elections 23 March 2021
Judicial Review:
• Courts operated in limited emergency
mode from mid-March to mid-May
• Judicial Oversight by HCJ remained
active
• Until recently: mostly procedural
review; deferential on content
• Recently: limiting contact tracing

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Covid-19 and Government response.
Building resilience on comparison of experiences