[ad_1]
The Tar de Sardinia accepted the government’s call by suspending the order of the governor of the region Christian Solinas that imposed mandatory Covid tests for those arriving on the island, starting on Monday, September 14. This was decided by the administrative judges with a decree, signed by the president of the Administrative Court Dante D’Alessio, which accepted the precautionary request for suspension proposed by the defense of the State on behalf of the Presidency of the Council of Ministers. The date of the hearing on the merits has also been set: it will be October 7.
This decision suspends the effects of ordinance number 43 of September 11, which provided that all passengers arriving from abroad or from the national territory should present, when boarding, the result of a “serological (IgG and IgM) or molecular test (RNA) or Rapid Antigen – performed no later than 48 hours after departure, which has given a negative result for covid-19 “. Alternatively, it could be self-certified that “in the 48 hours prior to their entry into the regional territory, a serological, molecular or antigenic test was performed, the result of which was negative.” According to the thesis of the Government, the provision, on the other hand, violates article 16 of the Constitution on the free movement of persons.
BUT OK TO MASKS H24 – The TAR decree on the Government’s appeal against the order of Governor Christian Solinas suspends the validity of only three articles of the provision – 10, 11 and 12 – that dictate the rules on who intends to enter the regional territory by having mandatory skin tests . On the other hand – it is written in the decree of the president of the first section Dante D’Alessio – “there are no grounds for a precautionary sentence on the subsequent provisions issued in the other articles of the challenged ordinance that could be considered justified by the evolution of the situation epidemiology in the Region “. . Therefore, the provisions of ordinance number 43 on the obligation to use H24 masks in all closed or open environments where there is a specific risk of assembly, but also the set of provisions that, in view of the reopening of schools on 22 September, seat occupancy in local public transport vehicles reached 80%.
JUDGES, “TOWARDS BOCCIATURA IN MERITO” – The monochromatic sentence of the president of the Tar of Sardinia that suspended the ordinance of the governor Christian Solinas in the part that provided for the mandatory tests for travelers entering the island anticipates what could be the final decision on the resource proposed by the government that, says the decree of the administrative judges, “has a reasonable probability of a favorable result.” According to the Regional Administrative Court “the challenged provisions must be considered as effectively limiting the movement of people, taking into account that, in addition to providing for all those who, even in the absence of symptoms of the disease, intend to enter the regional territory (with With the exception of the subjects indicated in ‘article 12), the presentation, at the time of shipment, of the result of a test (serological or molecular or rapid antigenic), carried out in the previous 48 hours, will oblige those who have not previously carried out the test to perform it, by swabbing, within 48 hours after entering the regional territory, in public or private facilities accredited in the region, providing “home isolation” for them, until the negative result of the same tests and unless there are provisions different from the competent healthcare company “. In addition, “the restrictive provisions of the free movement of persons. Writes the president of the Tar Dante D’Alessio, which affect a constitutionally guaranteed right (art. 16 of the Constitution) and one of the fundamental freedoms guaranteed by the legal system of the European Union, they can only be adopted with DPCM in the presence of reasons of extraordinary need and urgency and, as mentioned, in accordance with the principles of adequacy and proportionality to the epidemiological risk actually present in certain areas ”.
According to D’Alessio, then, “the worsening of the health risk, determined by the increase in infections found in the region, which motivated the adoption of the contested measures, however, does not seem of such importance as to justify the adoption of a measure, which affects the free movement of people and intervenes only a few days after the adoption of the last DPCM, on September 7, 2020, which has already taken into account the evolution of the ongoing epidemic in all regions “. But there is more: “the indicated significant increase in infections in Sardinia occurred in relation to the strong tourist influx in August in conditions that are not destined to be repeated with the imminent end of the summer season” and “There is no evidence of unsustainable pressures on the regional health system, as to impose limitations on the free movement of people, also because the increase in the number of infected people in the region was determined in gr a measure by the increase in the number of tests and the detection of the virus. in numerous asymptomatic subjects “Therefore, argues the TAR, the order of the governor of Sradegna, which also aroused political controversy,” does not appear to have been adopted in compliance with the indicated regulatory provisions and in compliance with the principles of adequacy and proportionality to risk epidemiological really present in the region, as well as in the presence of reasons of necessity and urgency that justify the adoption, by regional ordinance (and not with a Decree of the Prime Minister), of a measure that limits the free movement of people between regions and between nations “.
[ad_2]
