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The Tar of Sardinia suspended the region’s ordinance that provided for coronavirus tests for anyone arriving on the island from September 14 to October 7 because it contrasted with the constitutional right of free movement between regions provided for in article 16 of the Constitution . In recent days it was announced that the government had appealed to the Sardinian administrative court against the order signed by the president of the region Cristian Solinas on September 11.
The ordinance provided that anyone arriving in Sardinia had to present a certificate of negativity to the coronavirus or, alternatively, put themselves in fiduciary isolation pending the swab or serological test within 48 hours. According to Judge D’Alessio, who signed the reasons for the TAR’s decision, “the worsening of the health risk, determined by the increase in infections detected in the region” that led Solinas to sign the restrictive order “does not seem such importance as to justify the adoption of a measure that affects the free movement of persons “.
According to the judges, in addition, the increase in contagion cases on the island occurred due to the strong tourist influx in August “in conditions that are not destined to be repeated with the imminent end of the summer season.” According to the TAR, “unsustainable pressure on the regional health system, such as imposing restrictions on the free movement of people, has not been demonstrated.”
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