The Italian newspaper Il Fatto Quotidiano publishes an outburst by the President of the Campania Regional Council, Mr De Luca, whose merit is agreeable, about the current status of the fight against COVID-19. Mr De Luca, moreover, exposes the confusion that characterises the measures issued by the Government (most recently – I add – those relating to the use of the army and the possibility of “doing sport” outdoor, which implicitly derogates from the prohibition established by the Prime Ministerial Decree of 8 March 2020). Continue reading “COVID-19: The outburst of the Campania Region’s Governor to expose a problematic enforcement of the national emergency legislation”
COVID-19: Italy to deploy the Army
Repubblica.it writes that in Campania and Lombardy army units are deployed to enforce the ordinances on travel bans. Specifically, highlights the newspaper, that
114 military units of the Army of Safe Roads will be used directly in the control of the containment measures for the spread of the COVID-19 virus.
Nothing strange so far, because the Italian Public Security Law provides for the possibility for the Minister of the Interior to make use of the armed forces in the event of a state of public danger.
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.