Legal Regulations for a State Of Health Emergency in Libyan Law and Its Effectiveness in Limiting the Spread of the Covid-19 Virus

Abstract

The situation caused by the covid-19 epidemic in numerous countries around the world requires governments to take exceptional measures. In normal circumstances, the state adheres to the application of its ordinary laws, and in exceptional circumstances, it is difficult to apply the same laws to the situation as in the case of the spread of the Corona virus, and a state of emergency is declared. Here, the problem of research arises in the search for the legality of declaring a state of emergency in Libyan legislation and the effectiveness of government decisions in limiting the spread of the Coronavirus. The researcher also aims, through this research, to define the concept of a state of public emergency and a state of emergency in comparative constitutions and the Libyan constitution, and a state of health emergency in Libyan law and the controls for its declaration. Announcing it through analysing the legal texts of the Libyan health law and its success in keeping pace with the epidemic situation in terms of controlling and punishing violators. For the state of emergency in models from different countries and through discussion. Research and analysis of information lead to obtaining a set of results, including the case of the spread of an epidemic, which is considered an emergency, as well as the lack of clarity from a legal and constitutional point of view from the competent authority to declare a state of health emergency in Libya. At the end of the research, we made recommendations that the authorities in Libya may adopt, including the need to intensify the legal and procedural effort to organize emergency states and spread epidemics in the Libyan health law and the upcoming Libyan constitution.