Opinion - Prof. Yoav Dotan - Executive Summary

27.2.24
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THERE IS AN INEXTRICABLE LEGAL AND LEGAL RELATIONSHIP BETWEEN THE CONSTRUCTION EVICTION ACT AND THE AMENDMENT TO THE LAW OF 2021 AND THE VARIOUS ADMINISTRATIVE ARRANGEMENTS AND ADMINISTRATIVE MEASURES TAKEN BY THE PLANNING AUTHORITIES IN STATE AND LOCAL RAMHA, GIVEN THE ENORMOUS AND CUMULATIVE IMPACT THAT THE ENTIRE SET OF MEASURES TAKEN BY THE STATE HAS ON THE PROPRIETARY RIGHTS OF APARTMENT OWNERS IN CONSTRUCTION EVACUATION PROJECTS. Therefore, the constitutionality of the amendment to the law should be discussed on the basis of the existing normative and factual infrastructure in this area, while the legality of these administrative arrangements should be discussed, especially Standard 21.1against the background of the normative infrastructure created by the law and the amendment to the law.2 The authority of the Knesset to introduce legislative changes through the Arrangements Act is not unlimited. To date, the Court has recognized the authority of the Knesset to make use of the legislative mechanism of the Constitution of Arrangements solely for the purpose of introducing changes in the field of public law, such as in the structure of administrative authorities, in taxation law, or in the field of services or benefits that the administrative authorities grant to citizens