Mandatory flu shot for over 65s: tar cancels ordinance

The Lazio TAR accepted the appeal presented by Mariano Amici, a Roman doctor, requesting the suspension of the Lazio Region order that made influenza vaccination mandatory for those over 65 and for all health personnel. The ordinance, signed by the president of the Region Nicola Zingaretti, should have made vaccination against influenza mandatory as of September 15.

“I thank Dr. Amici – said the lawyer Nicola Massafra – for having started this battle of civilization and freedom to which we all must feel called when the pillars of our Constitution, the fruit of an important balance of rights and values, are attacked and trampled on. I also thank the many doctors and those over 65 who wanted to join the initiative of Dr. Amici and give their active contribution by putting a personal face to protect the rights of all.

On the grounds of the ruling, the TAR explained that the “Covid-19 emergency legislation does not allow similar regional interventions on mandatory vaccinations.” In addition – says the phrase – “the provisions on hygiene and health, as well as civil protection, do not contain provisions that may authorize the regions to adopt this type of ordinance when the phenomenon assumes, as in the present case, a national significance” .

According to the regional administrative court, therefore, “the constitutional system does not tolerate regional interventions of this type.” “In conclusion, it should be noted that -explain the judges- beyond the reasonableness of the measure, its implementation is not framed within the scope of regional competences but, in any case, only in the state.”

Dr. Mariano Amici’s comment: “On my birthday came the first great victory. We won the appeal to the ART against mandatory vaccination against influenza. President Zingaretti, if he has a minimum of dignity, should resign.”