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Frequently asked questions are online on the website of the Presidency of the Council of Ministers (text at the bottom) relating to the measures adopted by the Government with DPCM December 3, 2020.
There are many questions about what can be done in the period from December 21, 2020 to January 6, 2021.
The Government’s firm points remain two: the prohibition of any movement in the time zone between 10 p.m. and 5 a.m. (with an extension until 7 a.m. on January 1), except for work, health or necessity reasons, and permanence of restrictions related to the color of the affected area (red, orange or yellow) for shopping and catering.
On the subject of displacementsWithout prejudice to the aforementioned prohibitions, the decree establishes that in the period between December 21 and January 6, it is still possible to return to the residence, domicile or home.
For example, if the spouse or partner lives in a different city, for work needs or other reasons, then it will be possible to move to meet again even after December 21, but only if the place chosen for the reunion coincides with that of residence, domicile or home.
To this end, the decree provides the legal definition of the three terms:
- residence is the place where the person usually lives. It is the result of the personal data records and can be known in a precise and verifiable way at any time;
- medomicile, which may be different from residence, is the place where the person has established the main place of business and interests;
- on the other hand, there is no technical-legal definition of housing.
With the purpose of DPCM December 3, 2020 is identified with the place where you really live with a certain continuity and stability (therefore, for continuous periods during the year, even if limited) or with usual frequency and frequency (for example, only some days of the week: for work, study or other needs). In any case, second homes for holidays are always excluded from the concept of housing.
Precisely when it comes to transferring to second homes, the distinctions between the red, orange and yellow zones and the consequent limitations remain valid.
If the second home is located in another region that is not the one of residence or habitual residence, it is allowed to arrive there before December 20, or otherwise after January 7, provided that on December 20 the place of departure and destination are not orange or red zone.
In the period from December 21 to January 6, the second houses located in the same region but in a different municipality will be accessible only in the yellow zone, except for Christmas, San Esteban and January 1.
In the yellow and orange areas, on the other hand, second homes located in the same municipality will always be accessible, without prejudice to the prohibition of driving between 10 p.m. and 5 a.m., with an extension until 7 a.m. on January 1.
Therefore, assuming that the spouse or partner moves to the second home in another region before December 20, the possibility of going there from December 21 to January 6 is excluded, even if they have brought their minor children with them, and the only way to spend the holidays together will be in the same place on December 20.
Regarding visits to friends and family during the holidays, the Frequently Asked Questions clarify that they are allowed only if the place of departure and destination are in the yellow zone and only if the move takes place before December 20, 2020, otherwise having to postpone it until January 7, 2021.
On the other hand, in the period from December 21 to January 6, movements between places in the yellow zone are allowed only if you have residence, domicile or dwelling in the autonomous region or province of destination.
One of the most frequently asked questions is related to traveling to another region, during the holidays, to visit elderly but healthy parents.
A possibility currently excluded, since on December 25, 26 and January 1 it will only be possible to move within the municipality itself.
Therefore, the possibility of visiting a self-sufficient relative who lives alone in another municipality is also excluded, simply to alleviate his loneliness during the holidays.
At the moment, exceptions to the bans on traveling between municipalities, provinces or regions are in fact allowed only for the usual reasons of work, necessity or health and, as a rule, the state of necessity is configured only with respect to people not self-sufficient, they need continuous assistance.
However, the decree allows people to travel to another municipality or region, even in the period between December 21 and January 6, to provide assistance to dependent family members living alone.
This is provided that they are people who have already been treated periodically and that other subjects from the same municipality or region cannot attend them.
However, the movement is limited to a single adult relative, possibly accompanied by minors who normally already attend.
As for separated parents or foster parents, they can also move in the period between December 21 and January 6, in different municipalities or regions or even abroad, to spend the holidays with their minor children, in compliance with the provisions of the judge or the agreements made with the other parent.
Finally, a specific FAQ refers to tourism: in fact, tourist trips within the national territory are allowed, but only with departure and destination in the yellow area and only if the departure is made before December 20, 2020 or December 7 January 2021. Extra-regional travel for tourism in Italy is allowed between December 21 and January 6.
GOVERNO.IT >> FREQUENTLY ASKED QUESTIONS ABOUT THE MEASURES ADOPTED
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