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Editorial Board
08 December 2020 09:19
The fines in case of violation of the travel bans provided for the days of Christmas, San Esteban and New Years (December 25 and 26, 2020 and January 1, 2021) are already provided, as well as the prohibition of mobility between regions between December 21 and January 6. At least this is the thesis of a new circular from the Interior Ministry signed by Bruno Frattasi, chief of staff of Interior Minister Luciana Lamorgese.
The circular became necessary after Il Sole 24 Ore wrote on Sunday that in decree law no. 158 and in the Dpcm of December 3, no sanctions were foreseen: “The aforementioned thesis does not take into account that the cardinal rule of the regulatory system of measures to contain the spread of the virus – writes Frattasi – is and continues to be Article 1 of the decree Law 25 March 2020 “then turned into law, which provides penalties of 400 to 1,000 euros for those who fail to comply with the prohibitions, unless they incur offenses punishable by article 650 of the criminal code (failure to comply with the provisions of the authority).
A rule that, the Ministry of the Interior continues, “is contemplated in article 1 of Decree Law 158/2020 according to which the Dpcm … has contemplated a series of measures to contain the pandemic.” Therefore, concludes Frattasi, “there is no doubt that among these measures, to which the sanctioning framework is correlated, the one that limits travel throughout the national territory during the Christmas period must also be included.” All resolved, then? Not quite. First because the Corriere della Sera today confirms that the fine would be imposed “in compliance with the decree law of March 25, 2020 and amounts to a sum of 400 to a thousand euros, while yesterday there was talk of three thousand. And secondly because The impression, in an article signed by Paolo Russo that contains a series of Faqs on the Dpcm of December 3, argues that some of the sanctions are in fact inapplicable or challengeable:
Speaking of penalties, when are they applied?
Until January 15, but fines for travel on December 25 and 26 and January 1 are contestable. This is due to an oversight of the decree, which by reiterating the measures of the previous provision did not take into account that the prohibition to move from the municipality itself in those days applies to all of Italy, while the sanctions of the old decree vary according to the level of epidemiological risk of the region through which it passes. By not being able to modulate them, the penalties on holiday highlights are in fact unenforceable.
Every attack by the Dpcm December 3: “Let’s violate the prohibitions, let’s change everything in Parliament”
Source: La Stampa →
