without obligation for people over 65 and healthcare personnel

the Tar canceled the order with which the president of the Lazio region has imposed the obligation of flu vaccine seasonal for all people over 65 years of age (under penalty of prohibition from frequenting places of easy gathering such as social centers and nursing homes), as well as for all health and socio-health personnel operating in the regional area (under penalty of prohibition access their respective workplaces), recommending it for children between six months and six years old. A sentence with which he accepted an appeal proposed by the National Code Association and Lazio.

Lazio, outdoor mask obligation: children under 6 years old and those who do physical activity are exempt
Covid, the health councilor: “In Lazio to date 290 positives in schools.” Zingaretti: salivary tests for the younger groups

The TAR argued that “the Constitutional Court does not deny the possibility that the Regions can legislate in areas reserved to the state legislator”, but “on the condition that the principles established by state law are respected”; and “in the present case, the threshold established by the state legislator between the obligation and the recommendation of the influenza vaccine, as it is the result of a complex and articulated balance operation between the freedom of the individual and the protection of individual health and collectively, it could not be waived by regions not even in melius, that is, in a more restrictive sense. ‘

“The emergency legislation of COVID does not allow similar regional interventions in the field of mandatory vaccinations – concludes the TAR – The provisions on hygiene and health as well as civil protection do not contain provisions that can authorize regions to adopt this type of ordinances when the phenomenon appears, as in the present case, a national relief; The constitutional order does not tolerate regional interventions of this type, essentially aimed at altering certain difficult balances reached by the organs of central power. And the conclusion is that “beyond the reasonableness of the measure, its implementation does not fall within the scope of regional powers but, if possible, only in the state.”

Last updated: 12:24


© REPRODUCTION RESERVED