Christmas Decree, the frequently asked questions of the new Government

With the approval of the so-called “Christmas” Decree (Decree Law December 18, 2020, n. 172) on the Government portal, the Travel FAQ has been updated.

Is it possible to return to your own residence, domicile or home from December 24 to January 6 if you are in another Region?

Yes, it represents a legitimate reason to move.

Is it possible to travel to return to work or for reasons of necessity or health?

Yes, traveling for proven reasons of work, health or need is always possible.

Is it allowed to visit friends or family during the holidays?

From December 21, 2020 to January 6, 2021, all travel is prohibited, even to visit friends or family, which means leaving the region where you live or reside. In addition, between December 24 and January 6:

• On December 24, 25, 26, 27 and 31 and January 1, 2, 3, 5 and 6, it is possible, once a day, to travel to visit family or friends, even other Municipalities, within the same Region. , between 5 and 22 and up to a maximum of two people, in addition to those under 14 years of age and disabled or not self-sufficient people who live with them;
• On December 28, 29 and 30 and January 4, it is possible to move freely, between 5:00 a.m. and 10:00 p.m., within the Municipality itself, as well as visit friends and family within these hours and territorial spaces. On the same days it will also be possible, once a day, to travel to visit family or friends, in a municipality other than yours, within the same region, between 5 and 22 and up to a maximum of two people. The person or two people who move can still bring children under 14 years of age and disabled or non-self-sufficient people who live with them;
• On December 28, 29, 30 and January 4, it is possible, for those who live in a municipality with up to 5,000 inhabitants, to move freely, between 5 a.m. and 10 p.m., within 30 km of the border of their own municipality (possibly also in another Region), however, with the prohibition of moving to the provincial capitals. Visits to friends and family are allowed within these hours and territorial spaces.

What is meant by “residence”, “domicile” and “home”?

Residence: the place where the person has his habitual residence. Residency results from personal records and, therefore, can be accurately and verifiably known at all times.

Home: the place where a person has established the main place of business and interests. The address may be different from the residence.

House aFor the purposes of applying the dpcm, the home must be identified as the place where one actually lives, with a certain continuity and stability (therefore for continuous periods, although limited, during the year) or with usual frequency and frequency, excluding second holiday homes.

Is it possible to move to the second house?

Between December 21, 2020 and January 6, 2021, movements of a cohabiting family unit to second residences are always allowed, from 5 to 22, within their own Region, but always prohibited to other Regions. It is allowed to move to the second home, even if it is in the name of several co-owners, of a single cohabiting family unit.

Is it possible for spouses / partners living in different cities to vacation together?

Only if the place chosen for reunification coincides with the one where you have your residence, domicile or domicile.

Will the rules apply to everyone, regardless of the “color” of the area?

Until December 23, 2020, the distinctions between the red, orange and yellow areas remain valid.

From December 24, 2020 to January 6, 2021, the provisions of the “Christmas Decree” apply, which introduced provisions valid throughout the national territory, with the only distinction between holidays and prior to holidays and other days , and therefore:

• On December 24, 25, 26, 27 and 31, 2020 and January 1, 2, 3, 5 and 6, 2021, the provisions for the “red zones” are applied throughout the national territory;
• December 28, 29 and 30, 2020 and January 4, 2021, the provisions of the “orange zones” apply throughout the national territory.

After moving to a second home in another region, is it possible to move and return?

No. Travel to second homes in a region other than yours is prohibited from December 21 to January 6. The transfer of the second home to the workplace in the period between December 21 and January 6 cannot justify a new return to the second home, in another region, in the same period. You will be able to go back to work but then you will not be able to go back to the second house.

My parents, elderly but in good health, live in a different region than mine: can I visit them during the holidays?

No, in the period between December 21 and January 6 these movements are prohibited.

Can I visit a family member who, despite being self-sufficient, lives alone?

Until December 23, yes, but staying within your region, from December 5 to 22. From December 24 to January 6 it will be possible, once a day, to travel to visit family or friends, only within the same Region, from 5 to 22 and up to a maximum of two people, as well as children under 14 years of age and disabled or not self-sufficient people who live with them.

How is the movement of separated / divorced children regulated?

These movements are motivated by “need”, so they are not subject to limitations. In case of travel to / from abroad, it is necessary to consult the website of the Ministry of Foreign Affairs and International Cooperation.

I have relatives who are not self-sufficient, can I go visit them?

The movement to provide assistance to non-self-sufficient people is also allowed from January 21 to 6, even between municipalities / regions of different areas, where it is not possible to provide them with the necessary assistance through other subjects present in the same municipality / region. It is possible to travel only for people strictly necessary to provide assistance.

Is it allowed to go to another municipality or region for tourism?

Tourism travel to another Region is not allowed until January 6, 2021 inclusive. As of December 24, they are not allowed even within the same Region, but there are two exceptions, valid only on December 28, 29, 30, 2020 and January 4, 2021, in which tourism travel is allowed. :

• within the same Municipality;
• of Municipalities with a population of up to 5,000 inhabitants, within 30 kilometers of the limits of the Municipality, with the exclusion in any case of trips to the provincial capitals.

What is meant by “reasons of necessity”?

The assessment of the existence of reasons of necessity is left to the competent authority indicated by art. 4, c. 3, DLN 19 of 2020 (For infractions to the provisions of the dpcm, it is the Prefect of the place where the infraction was verified). The citizen who does not agree with the offense evaluation report prepared by the operative agent can send written and defensive documents to the Prefect, by virtue of the articles. 18 and following of Law. North. 689/1981.

What are the penalties?

In accordance with art. 1 C. 3, of the “Christmas Decree”, the applicable penalty is administrative, from 400 to 1,000 euros, possibly increased up to a third if the offense is caused by the use of a vehicle.

In case of finding a violation of the provisions that I do not consider justified, how can I assert my reasons?

The assessment of the existence of justifying reasons is left to the competent authority (which, for violations of the provisions of the CPM, is usually the Prefect of the place where the violation was found). Therefore, citizens who do not agree with the infraction evaluation report prepared by the operative agent can send written and defensive documents to the Prefect, in accordance with the provisions of Articles 18 and following of Law n. 689/1981.