The short circuit of Rule of Law is the blackout of Democracy in Italy

The cases of regional governors and mayors who issue orders against the COVID-19 emergency are multiplying (Abruzzo is only the last in order of time.) They are limiting the constitutional rights of citizens, imposing administrative sanctions and using the municipal police as a security force while claiming to “abide the law”.

These measures are illegitimate because only a Parliament-enacted law, even and above all and in emergency, can compress Constitution-granted rights. Government and Parliament cannot let this constitutional rip with impunity. In doing so, they would legitimize the concept that in times of emergency “whoever does is right”, and then – when the storm is gone – somebody will verify the legitimacy of it. Continue reading “The short circuit of Rule of Law is the blackout of Democracy in Italy”

COVID-19, “self-certification”, “self-declaration” and criminal penalties in Italy

Foreign companies operating in Italy by way of a subsidiary or a branch might be confused by the requirements? that allow people to circulate under the exemption set forth by the government in the COVID-19 quarantine regime.

In the event of a police check, every individual who is caught in the street is supposed to exhibit a “self-certification” or “self-declaration” that justifies the abandonment of his house. This is one of the biggest worries for citizens and for companies whose employees have to go around for maintenance work, deliveries or anything that requires current production needs. Continue reading “COVID-19, “self-certification”, “self-declaration” and criminal penalties in Italy”

COVID-19 and Criminal Provision in Italy

The criminal sanctions applicable for direct or indirect violation of rules related to the COVID-19 emergency essentially relate to three areas:

  • non-compliance with the requirements of the Prime Ministerial Decree 8, 9 and 11 March 2020,
  • violation of health and safety regulations in the workplace (Legislative Decree 81/08),
  • violation of the rules on the workplace remote control of employees in the case of remoteworking.

Continue reading “COVID-19 and Criminal Provision in Italy”

COVID-19, smartworking and GDPR in Italy

Working remotely (which has nothing “smart”, by the way) is a convenient choice from the point of view of a company (which can cut organizational costs and risks, even criminal ones), a little less so from that of the employee who, in the name of an apparent “freedom” is, little by little, in a barbaric isolation, similar to house arrest, which accentuates its role as an anonymous cog in a mechanism larger than him. Continue reading “COVID-19, smartworking and GDPR in Italy”

Corona Virus infection’s growth is not “exponential”

Yesterday night, Roberto Speranza, the Italian Health Minister, said to TG4 (the news programme of a National broadcaster) that the Coronavirus spreading in Italy is – or it has been -? “exponential”. As a matter of fact, this is not correct, as “exponential” has a specific mathematical meaning that does not match with the data provided by the Italian Government itself. Moreover, talking about “exponential growth” without indicating the exponent and specifying whether it is whole or fractional, does not allow the listener to understand what is the real “steepness” of the curve to which we are referring. Finally, at most, we can speak of an exponential trend in relation to a stretch of the curve, certainly not in relation to the curve itself. Unlike a mathematical function, in fact, the data on contagion are conditioned by variables? that vary (how many probes I did yesterday, how many I do today and how many I will do tomorrow, on which population I perform the analysis etc. etc.). In other words, the trend of the contagion curves (net of all the questions about the composition of the sample) has a (limited) descriptive capacity of the past, but it can hardly give indications about the future.

Raising this issue with a fellow journalist I got this answer: “stop being a semantic prick! People are not read in mathematics and they know that when we use “exponential” we do it as a synonym for “very quick and fast grow”.

Well, maybe I am a “semantic prick” – aren’t we, lawyers?  – but when hard decisions such as putting the whole Italy in quarantine have to be taken, I would expect the decision-makers to ground their assessment on solid basis rather than on a sloppy use (and understanding?) of data and information.

This is not to say that the decision to quarantine Italy is wrong (I neither have the knowledge nor the competence to judge it.) I only point out that there might not be a cause-effect relationship with a (good) decision and the reasons that backed it.