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Can you take a train from Salerno to Rome? And drive from Naples to Roccaraso? Can the tourist move from Sorrento to Amalfi? What should be written on the self-certification? Let us try to clarify possible doubts with the help of the direct collaboration offices of President Vincenzo De Luca in the Campania Region and with an exceptional jurist, the director of the Legal Department of Federico II, Sandro Staiano.
Is it possible to leave Campania through another province?
The answer is yes. You can take a train from Salerno to Rome for leisure purposes, as well as drive from Naples to the Roccaraso house or drive the caravan from Caserta and take a tour of Puglia. In fact, travel between regions or abroad cannot in any case be prohibited by regional measures because Article 120 of the Constitution prohibits it, as Staiano emphasizes.
What should be written on the self-certification?
The model can be downloaded from the website of the Ministry of the Interior. It must be printed and can be left blank and completed only in case of checks. There are only two pre-printed reasons (job needs and health reasons), but there is a third generic item that must be specified in writing. The information provided must always be absolutely true.
Does the 23:00 curfew apply to tourists?
Yes. Ordinance 83 that came into force today applies to everyone who is in Campania and therefore a couple of Milanese or Germans will not be able to walk around Capri after 11 pm, but they must arrive at the accommodation.
Can a tourist move from Caserta to Pompeii?
According to the order letter, he couldn’t. The tourist in the period from October 23 to November 13 must stay in the province of Campania where he is on October 23, or return home. However, this is not the intention of the Region, so an explanatory note clarifies that the prohibition to move between Campania provinces applies only to people who reside or have domicile in Campania.
Is the ordinance only for citizens of Campania?
“The concept of citizens of Campania used in Ordinance 82 – explains the constitutionalist Staiano – lacks legal rigor. There are Italian citizens residing in Campania. In addition, later ordinance 83 refers to domicile, residence or residence, which are concepts of the civil code that do not include a B&B. To include tourists and force them to leave the curfew after 11pm, it might be useful to refer explicitly to the accommodation facilities in the region.
Can I travel for a sports competition?
Sports competitions are not included in the list of allowed movements, that is, work, family, school, training, care, necessity or urgency, for health reasons. The training, however, includes “training related to commitments related to competitions permitted by current provisions”.
Is it possible to get to the house in Cilento from Naples?
Only in case of need, such as for an urgent maintenance intervention limited to the person indispensable for this task.
Are there limits to recreational activities?
No, browsing is allowed. Landing in a province other than that of residence is an exception.
Will there be controls at the provincial borders?
Not necessarily because provinces and metropolitan cities do not have borders but are only administrative subdivisions. Checks will be carried out randomly by the police in any suitable place.
What are the risks?
The minimum penalty for unmotivated travel and non-compliance with the curfew is 400 euros.
Is freedom of movement in the Constitution?
Yes, in article 16; but this freedom is effective “except for the limitations established by law in general for health or safety reasons.” It is true that this limitation is reserved for state law, however – states Staiano – the Dpcm allow the Regions the possibility of intervening directly, pending state action. “The power of intervention continues to be state and not by chance – clarifies the jurist Federico II – the ordinance on the curfew in Lazio bears the joint signature of the Minister of Health Roberto Speranza and the president of the Region Nicola Zingaretti. In Ordinance 83 of Campania it is specified that the agreement of the Minister of Health has been acquired. Therefore, the power to reduce freedom of movement remains a prerogative of the state ”.
Why the province?
The growth of infections is linked to contacts between people and numerous signs highlight the transmission from the Naples area, the most at risk also due to the density of the population, to the four neighboring provinces. The stop to travel between provinces could be followed by a limit to travel between municipalities.
Are prohibitions useful?
People’s behaviors matter more than bans. While it is not forbidden to ride an elevator with strangers, it is a behavior to be avoided. Just as it is convenient to avoid the gatherings, at 11pm as at the aperitif time. However, in the absence of self-discipline, the explicit prohibition has an educational effect and allows raising the level of awareness about the deadly risks of the pandemic. In short, forbidding a family from Naples to take a trip to Mercogliano is not in itself decisive for the challenge to Covid-19, but it is useful to remind everyone that the health structure in Campania is about to be exhausted. Therefore, we must all reduce the opportunities for travel and contagion: both those prohibited by the De Luca ordinance and those that are still formally allowed.
Last updated: 08:02 © REPRODUCTION RESERVED
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