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Editorial Board
December 6, 2020 6:36 PM
Has the government screwed up the decree of December 2 that restricts travel between regions? Il Sole 24 Ore explains today that the provision is “devoid of penalties for the violation of traffic bans, to which it is not even possible to apply the administrative penalties provided for in the previous decrees (a pecuniary administrative penalty of 400 to 1,000 euros) for not being consistent” .
What does this all mean? Decree n. 158 was approved by the government to block mobility in view of the holiday season. The fear of an increase in infections led to opting for a drastic solution such as banning travel between regions from December 21, 2020 to January 6, 2021, except for proven needs of work, health or necessity.
Also prohibited on December 25 and 26, 2020 and January 1, 2021 “any movement between municipalities” (except for the exceptions listed above). The decree grants an exemption only to those who return to their residence, domicile or domicile “, excluding trips to second residences located in another Region or Autonomous Province and, on December 25 and 26, 2020 and January 1, 2021 , also located in another Municipality “.
The decree on Christmas trips: “There are no penalties”
So far the decree. However, the newspaper Confindustria affirms that the government forgot to indicate the planned sanctions. Or better:
“Decree Law 158, in effect, was issued to repeal the previous Decree Law 33, and the sanctions issued by said Decree do not appear (which in turn refer to those provided for by another still earlier, Legislative Decree No. 19 of 2020 ) also applicable to these prohibitions “.
The reason, we read in the article signed by Francesco Clementi, is that Decree Law 33 refers to “specific areas of the national territory” while here the traffic blockade is applied throughout the national territory.
Are the fines, therefore, inapplicable? That says “The Sun”. The only sanction that could be imposed is that relating to article 650 of the Penal Code (arrest up to 3 months and fine up to 206). But it would be criminal and “frankly disproportionate,” says Clementi. We will see if the government decides to clarify or intervene in this regard.
