On 15.10.2023, we appealed (Hebrew) to the Attorney General, demanding that the government be directed not to use its authority to enact emergency regulations (תקש"ח), unless it is necessary due to a clear and immediate need arising from the state of emergency.
In the appeal, Attorney Gil Gan-Mor, Director of Civil and Social Rights Unit, highlighted that despite the current state of emergency, the Knesset is functioning and it is possible to advance legislation through the regular process and even through an expedited process. Therefore, there is no need to resort to undemocratic means such as emergency regulations.
What are emergency regulations?
Emergency regulations are a tool that the government can use to legislate or annul any law for a period of three months. This authority is intended for situations in which the Knesset cannot fulfill its role and pass laws or for immediate needs related to the emergency situation. However, experience teaches us that during emergency situations, the government tends to use it extensively and not necessarily in a mandatory manner (as seen, for example, during the period of the COVID-19 pandemic).
Why do emergency regulations undermine democracy?
Why is there a need to limit the use of emergency regulations even now, during a state of emergency?
What can be done if there is a need to pass urgent legislation during this period?
How should the government behave?