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Regulation in Israel
Values, Effectiveness, Methods
Edited by
Eyal Tevet
Varda Shiffer
Itzhak Galnoor
Regulation in Israel
Eyal Tevet · Varda Shiffer · Itzhak Galnoor
Editors
Regulation in Israel
Values, Effectiveness, Methods
Editors
Eyal Tevet Varda Shiffer
Open University of Israel The Van Leer Jerusalem Institute
Ra’anana, Israel Jerusalem, Israel
Itzhak Galnoor
The Van Leer Jerusalem Institute
Jerusalem, Israel
© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer
Nature Switzerland AG 2021
This work is subject to copyright. All rights are solely and exclusively licensed by the
Publisher, whether the whole or part of the material is concerned, specifically the rights
of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on
microfilms or in any other physical way, and transmission or information storage and
retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology
now known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc.
in this publication does not imply, even in the absence of a specific statement, that such
names are exempt from the relevant protective laws and regulations and therefore free for
general use.
The publisher, the authors and the editors are safe to assume that the advice and informa-
tion in this book are believed to be true and accurate at the date of publication. Neither
the publisher nor the authors or the editors give a warranty, expressed or implied, with
respect to the material contained herein or for any errors or omissions that may have been
made. The publisher remains neutral with regard to jurisdictional claims in published maps
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This Palgrave Macmillan imprint is published by the registered company Springer Nature
Switzerland AG
The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
The book is dedicated to the memory of our colleague, Dr. Nissan Limor,
who generously shared his abundant knowledge with all of us. Regretfully,
he passed away before publication of his article in the book.
Preface
vii
viii PREFACE
for the ways in which the public interest is factored into governance, that
is the focus of this collection of articles. Each researches regulation in
a specific area, revealing the uncertain nature of the current regulatory
schemes—sometimes entailing a trial and error process, and sometimes
arousing strong opposition and fierce public debates. The speedy privati-
zation steps do not seem to have been accompanied by plans to guide the
government in the new role it had to assume.
Regulatory issues, some of them quite scandalous, coincided with the
preparation of this collection—prompting us to add a short postscript
which relates to current events. A reflection on the wider picture of regu-
lation in Israel, as described and analyzed in this collection, coupled with
frequent ‘news items,’ suggests that the government, the regulators, and
the regulated organizations, as well as the courts, are in the process of
figuring out what the issues are and how to cope with them. In many of
the areas examined in this volume, we see frequent changes in regulatory
frameworks, new layers of regulation being added to existing and more
traditional methods, and a quest for creating more transparency and trust
in the regulatory processes.
A more worrying aspect of this shift in the role of government is that
new opportunities for corruption seem to present themselves through
the tender mechanism and other forms of public-private partnerships.
The introduction of for-profit values into public services, in cases such
as public transportation and the water corporations, reveals the vulnera-
bility of the new schemes to corruption. It is hoped that the case studies
analyzed in this volume will generate a thorough review of current regu-
latory arrangements with a view to addressing the issues and challenges
raised.
We wish to thank the Chazan Center for Social Justice and Democracy
and its director, Nomika Zion, for their long and outstanding support of
the entire ‘Trilogy’ project until the closure of the Center in 2018. The
Van Leer Jerusalem Institute, which hosted the Chazan Center, continued
to be the home of the project and of the present segment on Regulation
in Israel in particular. We are most grateful to Prof. Shai Lavi, the Director
of the Van Leer Jerusalem Institute, and to Shimon Alon, the COO.
This collection would not have come to light without the many
scholars and practitioners who participated in the research group, the
seminars, and the conferences that were part of the process of learning
and research. Not all the participants wrote articles that are included in
this book, but all of them contributed to our understanding of the issues
and our quest for improved regulatory schemes. We are grateful to all of
them.
The project benefited from the ongoing financial support of the
Kibbutz Movement and the Havatzelet Fund, and of the Sam and Bella
Sebba Charitable Trust, for which we are deeply grateful.
Special thanks to the English language editor Esther Hecht and to the
editors of Palgrave Macmillan for their diligent work and guidance.
ix
Contents
xi
xii CONTENTS
Index 253
Notes on Contributors
xiii
xiv NOTES ON CONTRIBUTORS
Shani Sharvit leads the policy division in the Israeli National Cyber
Directorate. The division is responsible for the development of cyber-
related public policy, the directorate’s government relations, and the
directorate’s budget. Ms. Sharvit previously held the position of Policy
and Administration Executive Director. In that capacity, she was respon-
sible for the implementation of the strategic government resolution
regarding cyber in Israel and for the directorate organization. In 2011,
Ms. Sharvit was the Head of the Establishment Administration of the
Israeli Cyber Bureau in 2011. Ms. Sharvit holds vast experience of more
than 20 years in the Israeli government, during which she worked at
the national decision-making junction on core issues in Israel’s economy
and society, promoting cross-cutting work on cross-government ministries
issues. Ms. Sharvit served as advisor to the Director-General of the Prime
Minister’s office and before that as an assistant to the Chair of the House
Committee of the Israeli Parliament. Ms. Sharvit has an M.A. (Honors
Program) in Public Policy and a B.A. in Political Science and Middle
Eastern Studies, both from the Hebrew University of Jerusalem.
Varda Shiffer is Senior Research Fellow, at the Van Leer Jerusalem
Institute. She worked at the Mandel Foundation-Israel between 1997
and 2012 and was the president of the foundation, and the founder
and director of the Mandel Center for Leadership in the Negev. She
served as chief scientist of the civil service commission and taught at
the Ben-Gurion University of the Negev. Shiffer has a Ph.D. in polit-
ical science from the Hebrew University of Jerusalem. At the Van Leer
Jerusalem Institute, Dr. Shiffer directs the program for developing models
of collaborative governance in local authorities.
Ido Sivan-Sevilla is a Public Policy Scholar and Postdoctoral Fellow
at Cornell Tech’s Digital Life Initiative (DLI). He is interested in the
design of and compliance with governance arrangements for our data
capitalist society, focusing on cybersecurity, privacy, inequality, manipu-
lation, and discrimination problems. His work has been published in the
Journal of Risk Research, Policy & Internet, Georgetown Journal of Inter-
national Affairs, the Columbia Science and Technology Law Review,
and NATO’s International Conference on Cyber Conflict (CyCon).
Ido completed his Ph.D. at the Federmann School of Public Policy
& Government at the Hebrew University of Jerusalem, was a M.A.
Fulbright Scholar at the Humphrey School of Public Affairs, Univer-
sity of Minnesota, and completed his B.A. with honors in Computer
NOTES ON CONTRIBUTORS xvii
xix
List of Figures
xxi
Introduction: Regulation—A Multifaceted
Instrument
Regulation1
Regulation does not exist in its own right. It is one of many policy tools,
such as primary legislation, taxation, subsidies, privatization, nationaliza-
tion, legalization, or the outlawing, of a behavior or activity, and removal
of regulation. In the past, the term mainly denoted the executive branch’s
oversight of commercial organizations, and it relied mainly on explicit
laws that authorized various state bodies, state officials, or local govern-
ment to act as regulators. Consequently, regulation was viewed primarily
as obligatory rules of conduct of organizations and individuals, and the
regulator was viewed as the one responsible for formulating and enforcing
the rules. A broader definition of the term emphasized the sociopolitical
role of regulation: “sustained and focused control exercised by a public
agency over activities that are valued by the community” (Selznick 1985,
2 For the broader definition, which sees legislation, monitoring, and enforcement of
laws as part of regulation carried out by the “regulatory state,” see Levi-Faur (2011a,
chapter 1).
INTRODUCTION: REGULATION—A MULTIFACETED INSTRUMENT 3
E così scoppiò quella guerra che per cinque anni durò feroce, quella
guerra d’insidie, d’imboscate, di scontri senza tregua e senza
quartiere che costò alla Francia tante giovani e valorose vite, tanta
rovina a noi; che seminò tanti odî, che distrusse tante famiglie, che
sparse il terrore nelle più amene e ricche provincie del Regno,
ammiserendo l’agricoltura, arrestando i traffici, impedendo i
commerci, e che tanto male produsse al nostro nome, divenuto
sinonimo, per gli storici rivoluzionari, di gente barbara ed efferata, e
che continua a produrci, perocchè pur essendo trascorso un secolo,
risentiamo anche oggi gli effetti delle calunnie che si spacciarono sul
nostro conto, poi continuate dalle diverse sette politiche, le quali con
tali calunnie più che vilipendere noi intendevamo vilipendere i
Borboni, ai quali facevano rimontare i nostri vizi e le nostre colpe!
Ma non è nostro compito scrivere diffusamente di quel tragico
periodo che pure non ha ancora avuto uno storico imparziale ed
esatto il quale non si sia fermato soltanto sugli effetti ma abbia
anche indagato le cause che li produssero. Solo vogliam dire che
non fu il Manhes a ridar la pace alle nostre contrade; l’opera di un
solo uomo non sarebbe bastata a tanta impresa, nè la violenza, la
ferocia delle repressioni, l’iniquità han mai fruttato effetti benefici. La
sanguinosa guerra cessò quando s’incominciò a comprendere che il
governo di Gioacchino Murat intendeva davvero al bene delle misere
popolazioni; quando si costruirono strade, quando si promulgarono
provvide leggi, quando si cercò di diffondere l’istruzione, quando
finalmente il Re si mise in contatto diretto coi cittadini che ne
compresero il cuore generoso, ne apprezzarono le virtù guerriere, lo
trovarono affabile e buono; e finì allorchè la vera conduttrice di
quella guerra, Carolina d’Austria, ebbe a combattere con nemici
assai più insidiosi e più nefasti a lei, gl’Inglesi.
Ma ripeto, il nostro compito è ben altro. Ritorniamo quindi al
personaggio principale di questa storia che ebbe tanta parte in quelli
avvenimenti, a Capitan Riccardo.
Fine.
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